In general, every individual has ownership of the copyright to the work that he or she produces. When does a creator now own copyright? When they have signed a Work For Hire or Contractor Agreement. In this movie, author Seth Polanksy describes what exactly “for hire” means and how that differs from being an employee.
- Now that we understand what a work for hire agreement is,…how do we know that we're for hire and not employees,…and why the distinction important at all?…This may seem like an odd idea,…but the fact of the matter is…that there are certain situations…in which the courts and the IRS will determine,…in their infinite wisdom,…that you are actually an employee…and all of your work belongs to your employer.…Clearly, this is important if you expect to keep…any of your intellectual property at all.…The IRS uses a multi-factor test to determine…whether a person is an employee or independent contractor.…
In general, the more control your client has over how,…when, and where you work,…the more likely you are to be classified as employee,…regardless of how you and your client…characterize the relationship.…In accord with IRS rules and case law,…the courts must consider multiple factors…to evaluate the level of control a client has…over a freelancers work.…Under those factors, generally a freelancer will not…be deemed an employee if most of the following are true,…
Disclaimer: This course is taught by an attorney and addresses US law concepts that may not apply in all countries. Neither LinkedIn (including Lynda.com) nor the instructor represents you and they are not giving legal advice. The information conveyed through this course is akin to a college or law school course; it is not intended to give legal advice, but instead to communicate information to help viewers understand the basics of the topic presented. The views (and legal interpretations) presented in this course do not necessarily represent the views of LinkedIn or Lynda.com.
- Why do you need a contract?
- Types of contracts
- Asking for an NDA
- Work-for-hire and contractor agreements
- Proposals, quotes, and statements of work
- Licensing agreements
- Delivery and payment terms