[plaza500]

I work as an independent consultant in canada (ontario) for a large for-profit service organization and I am looking to leave the large organization to branch out on my own running similar services. I have created a volume of different service programs on my own which are sold through the service organization. In only one of these instances I signed a contract stating it was "jointly owned" by both myself and the company. Over the years I have compliled a large database of evaluations of my own personal service by customers, including the jointly owned program. Can I use these comments on my own to promote my own business? Moreover, relating to the volume of programs I have created (holding copyright over as well) does the servcie organzation have any claims over these due to the financial investment they have made to sell them?

Thanks

[JudyKayTee]

Someone in Canada with more specific knowledge will come along - I can't find anything on this.

I do know in the US that work product you are PAID for belongs to your employer.

I would do nothing without paying for a consultation with an Attorney - I love AMHD but I would not rely on "our" opinions and research on this one.

[plaza500]

For more information, the work I have created I was not paid to create, it was created on my own time. Once it was created, it was sold by the organization (who takes a "cut" off the top of the service cost). I was paid to facilitate it through the service organization. They then do not hold any claim over it do they? The other issue is over testimonials made concerning my work done while under contract of the organization.

[plaza500]

Also in review of my contract with the service organization, there is no clause indicated that makes the claim that any work created or sold under their name they hold rights to... no reference to it whatsoever

[JudyKayTee]

I can only address my personal experience and legal advice I received. I was advised that work product I created as part of my employment BELONGED to my employer, no matter where I created it.

You need to speak to an Attorney. I see this as being very complicated.

Testimonials? I don't know why your ex-employer would care if you used the testimonials. Have you asked?

[plaza500]

Well, it is not employer - employee, I am an independent contractor if that makes a difference. The work was created on my own not in the context of my job (as in I was hired to design software and I did it on my own time not in the office) I was hired to be a service provider, I created more programs to make myself more marketable... as far as testimonials, it is because I plan on going after the same customers once my non compete clause wait time of 12 months is up... they don't know that of course.