Final answer:
The work created by a graphic designer during employment at a technology consulting firm is typically considered 'work made for hire', and copyright for such work belongs to the employer. Without a specific agreement indicating otherwise, the designer cannot legally use those materials for a start-up company, as it would likely constitute copyright infringement.
Step-by-step explanation:
When it comes to whether a graphic designer can use copyrighted materials from a prior employer to launch a start-up company, the answer is generally No, the work is the property of the employer. This includes materials like logos and layouts that were created as part of the designer's job at the technology consulting firm.
This legal principle falls under what is known as intellectual property rights, specifically dealing with copyright laws. According to these laws, any creative work produced by an employee within the scope of their employment is typically considered a "work made for hire". In such cases, the employer is considered the author and copyright owner, which gives them exclusive control over how the work can be used.
The only exceptions to this rule would be if there was an agreement stating otherwise between the designer and the firm, or if the designer had created the work independently and outside the scope of their employment. Without such clear exceptions, the use of copyrighted materials by the graphic designer for their start-up could be considered infringement, which is a violation of copyright law.