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Independent Contractors Work Made For Hire Doctrine

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Seyfarth Shaw LLP

Avoiding Fumbles and Penalties in California with Influencer Classification

Seyfarth Shaw LLP on

Seyfarth Synopsis: Collaborations with athletes, actors, and singers have always been a great way for companies to grow their brand recognition and create profitable products. With the Super Bowl (and, of course, its famed...more

McDermott Will & Emery

Oh the Horror: No Work for Hire in Friday the 13th Screenplay

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed a summary judgment grant, ruling that an author was an independent contractor when writing the screenplay for a horror film and entitled to authorship rights, and...more

Farella Braun + Martel LLP

Employment Law Issues to Consider Before Including Work Made for Hire Clauses in Contractor Agreements

For most employers, it is important to own the intellectual property rights in written and/or graphic work commissioned from independent contractors. But including a Work Made for Hire Clause (“WMFH Clause”) in an...more

Ruder Ware

Protecting Your Rights: Protecting Works Created by Employees and Independent Contractors

Ruder Ware on

Many businesses work hard and invest heavily to develop and protect their intellectual property rights, including trade secrets and proprietary processes, designs, and know-how. However, special rules apply in determining...more

Dunlap Bennett & Ludwig PLLC

Copyright Law: The “Works Made For Hire” Doctrine

Copyright laws were enacted to protect owners of creative works from others claiming or using a work as their own. A work is protected from the time it is created in a fixed form. If a creator produces a work, he is generally...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

If It's Worth It, You Should Work It (As a Work Made for Hire)

With the growth of mobile apps, non-tech companies face the challenge of creating apps to promote and sell their services or goods. Because the creation of an app can be a one-time project, hiring an independent software...more

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