Finally, your written agreement with the independent contractor should include a catch-all allocation of the contractor`s work to your company. This is in particular to remedy the uncertainty associated with the application of the « Work for Hire » doctrine on software programs. In the case of a well-developed task, the contractor will recognize that, even if it is established that the software is not considered one of the nine types of « work to rent, » the contractor permanently rejects to the company all the work that was done during the period in which it was created as a contractor. Once a work is in shape (such as a printed book or a completed work of art), copyright becomes the property of the person who created it. If the contractor is really as good and it could be a long-term asset for your business, the best bet might be to actually hire it as a real employee. While this would help ensure that everything the person creates in the context of the job belongs to your company, it of course involves a whole host of other employment-related challenges (for example. B, affordability, payroll tax, fiduciary responsibility, etc.). Include other requirements. If the worker is a contractor, there may be requirements for that person, such as getting insurance. A confidentiality agreement may be part of this contract, which employees can discuss in the contract business. A recent decision by the Southern District of New York revealed that an independent contractor had developed and connected a number of different programs to develop a new software that could be considered a « compilation » as a whole, and that, moreover, the source code for each program could also be considered a contribution to « collective work » under 17 STATES. C No.
101. Stanacard, LLC v. Rubard, LLC, 12CV05176 (S.D.N.Y. (February 3, 2016)) If the risk of possible mischar characterization is worth hiring California talent as a contractor, instead of using the actual language « work for rent » in your contract with the contractor, we recommend that the contractor perform a written and complete task as described above. The ownership of a loan work depends on the nature of the creative work: in general, a copyrighted work is the exclusive property of the person who created it (and provided the author has not transferred the copyright package to another person). That`s the default rule. Brand ownership is based on use. If your company uses a trademark after it has been created, it still needs a job for the lease with the person who created it to determine that the employer and not the employee is the owner. Benefits.
Most people think they have the rights to any work they have paid for. In the absence of a written employment contract, you may not necessarily have the rights to the work. When an independent contractor issues a contract, it is guaranteed that you will get the rights to the work. For independent contractors, signing a Work for Hire Agreement will reassure your client that they own the work they paid for. For copyright, the U.S. Copyright Office says the author is: « The employer or any other person for whom the work was prepared. » They also assert that this person or employer « owns all the copyright » unless there is a written agreement signed by both parties. For patents, according to the United States.