HI, PLEASE, I NEED YOUR HELP. A POSSIBLE CASE HERE & I NEED CGTRADER ADVICE.

Discussion started by Nixhibits

The thing is I used to work for an exhibition company that treats their designers unfairly. Although we worked hard to create booth designs for our company, this company denies their designers the ownership of their own works.

I resigned from the company due to their unfair treatment to designers and also the exhibition industry is no more due to the Covid-19 pandemic.

I don’t work in the exhibition industry anymore but I am a passionate designer who doesn’t want to lose my own booth design works. But I can’t ask for my former company permission to post my own works because they claim my designs as company properties and would demand that I take them down whenever I do post them online.

Because I really like CGTrader, I need to be sure before there is a case and keep CGTrader aware of my situation. If I use CGTrader platform to post my booth design works as portfolio, is it considered a violation of CGTrader terms & conditions?

I guarantee that THESE ARE MY WORKS and I have proofs. All of them are just proposals and cancelled/inactive projects. The brands depicted love free publicity if my former company don’t interfere.

I just hope CGTrader understands my situation and will allow me to post my own works as tokens of my own achievements, although my former company would disapprove of this.

If I face any possible dispute from my former company, I promise I will leave CGTrader out of it and defend CGTrader as an ethical platform. Please keep my page, Nixhibits in view and know if you receive any report of my works, it is from the abusive former exhibition company that I used to work for.

I have been a 3D designer for more than 10 years and I have never steal anyone’s work as I won’t want my own works to be stolen or being denied my claim. I have been a CGTrader merchant for 7 years and currently own 2 CGTrader accounts, so I understand CGTrader terms & conditions and how serious is the unethical business of doing things under the table.

That is why I need CGTrader to understand my case and I hope CGTrader will allow me to post my booth design works as my portfolio and achievements.

Thanks for your time reading this and any advice or feedback would be greatly appreciated. Thanks again.

Regards,

Nixhibits

Answers

Posted over 3 years ago
1

It's common practice that intellectual property belongs to company which you work(ed) for. Not only that, the intellectual property was probably transfered further to the client. In that case you wouldn't face dispute from your former company but from the client you worked for. That said, there is no reason for you not to put your works in your portfolio (unless contracted otherwise). You probably can't sell that design but you're allowed to say that you've worked on that-and-that project. I don't see the reason to be that emotional about your works... It's water under the bridge. You got some experience and know-how by working in your former company. This is intellectual property you should value and this is something that noone can take from you. You'll make hundreds of new booth designs. Look forward to it.

Nixhibits wrote
Nixhibits
Really appreciate your feedback. I just worked under an abusive management. That's all. Anyway, like you said, it's water under the bridge. Nonetheless, I will be fully responsible for my works and consequences. Visited your page and like your crafts. Thanks for your advice.
Posted over 3 years ago
0

Hi there,

Thanks for reaching out.

Our support team has contacted you in regards to this issue.

If you require any further assistance, please let us know.

Kindly,
Greta from CGTrader

Nixhibits wrote
Nixhibits
Hi, there! Thanks for the feedback. Just to keep CGTrader informed, I already observed the contract which I signed with my former company, all the rules are only valid if I am still under their employment and it is not specifically stated that 3D models created by their designers are legally their properties. It is also stated on the presentation PDF files that we used to liaise with our clients that clients are not allowed to reproduce the design if they have chosen not to use my former company services. CLIENTS, NOT DESIGNERS THEMSELVES. I will quote the last line of my contract in the exact words, "k) Any dispute arising out of this employment shall be referred to the legal jurisdiction of Malaysian courts only." So CGTrader has nothing to worry about on its side. I will take full responsibility for my works, should anything happen. I hope CGTrader will remain neutral and fair on this. Just remember my page, Nixhibits and my message to get the whole story. My point is THESE ARE MY WORKS and I never steal anything. I was being treated unfairly by my former company. I post my works on CGTrader because CGTrader is my favorite platform. Sorry to say that the sales are just consolations to me. And thank you so much for your understanding and your attention for my concern. Please forgive me for being so passionate about my works.
Posted over 3 years ago
2

Intellectual property remains that of the employee, not the employer.

"Critical to an employer's ownership of intellectual property is a written agreement with the employee, one which specifically assigns to the company any and all intellectual property created by the employee during the course of his or her employment with the company. Such an agreement is often called an "assignment of inventions" or "ownership of discoveries" agreement. Absent such an agreement, the employee may have ownership rights in the intellectual property he or she created while working for the company, even if the individual was specifically hired to invent a particular product or process"

It is not sufficient for an employer to point to a paycheck and lay claim to all of an employee's ideas.

Nixhibits wrote
Nixhibits
Thank you so much for your insights. Like your works, by the way. I won't be so defensive if I work for a company that respects its designers. These booth designs are just tokens of my past efforts because I do not want to be known as a booth designer anymore. I am not a fan of the MICE industry because I find there are a lot of obstacles that hinder my growth and creativity as a creator. And the whole world has changed for obvious reason, so MICE industry like international tourism is not going to make an economic comeback anytime soon. Just being a realist here. Thanks again for your insights and stay safe, everyone.
SimonTGriffiths wrote
SimonTGriffiths
If you don't mind me saying so mate, I think your models are a bit on the cheap side. I would have them up at a higher price. I think the best thing you can do is just find something you want to model, rather than have someone tell you what to do. This only works if you actually enjoy it. I do this for a job and I reject things I'm not interested in lol, only do what you want! If it makes you happy then it isn't work. Good luck! I wish you lots of future sales, but most of all, fun!
Nixhibits wrote
Nixhibits
You are absolutely right. Thanks!

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