Remember that an “employee” does not need to be an official employee for this test, although it certainly simplifies the analysis. A person may be considered a “collaborator” as long as he or she is covered by the principles of the Agency`s common law (i.e. the right to control the person and the work). However, a true self-employed contractor is not considered a worker. The first situation applies only if the creator of the work is a worker and not an independent contractor.  The determination that a person is employed for the purpose of acting work is determined by the Agency`s common law, in which a court is attentive to a large number of factors in determining the existence of an employer-worker relationship. In the Supreme Court case, which confirms that the common law of agency should be used to distinguish workers from independent contractors in recruitment work, Community for Creative Non-Violence v. Reid, the Court listed some of these factors: If you are dealing with a non-employee, it is perhaps even more important to include the language of the contract, so that all work products are considered a job for hire. As a safeguard, you must indicate the language of the contract which states that if the work is not ready to be loaned, the author of the work agrees to transfer to the company all rights to the protected work.
In this post, you`ll learn more about the use of attribution rules, including those made in Washington. By adding this language, a company can continue to acquire copyright ownership, even if it is not considered a loan work. (2) Their work was commissioned as one of the following objectives: since the work of employees automatically belongs to their employee, many companies will argue that an independent contractor, such as an independent, should be treated as his or her employee for the purpose of hiring. Fortunately, the Supreme Court has decided that the question of whether an independent contractor qualifies as an employee depends on a rigorous test. (Community for Creative Non-Violence v. Reid, 490 U.S. 730 (1989)). In this test, the courts must consider several factors in assessing a client`s degree of control over the work of the independent contractor.
Among these factors, an artist is generally not considered an employee if most of the following factors apply (no factor is determinative): when is a “work for rent” valid? If you have any other questions about acting work or copyright issues in general, you can leave a comment below or contact us directly. If you intend to temporarily hire an independent contractor, a factory-by-lease agreement can help you understand, as well as the contractor, what the project means and what to expect from the contractor. This agreement will protect not only your interests, but also the interests of the contractor. Because it protects both parties, independent contractors can also use this type of agreement in cooperation with clients. If you have signed a “Work made for hire” contract, this does not necessarily mean that your work is automatically considered acting work. First, the courts will decide whether your situation complies with these legal requirements. Otherwise, the courts do not respect the language “work for hire” and instead interpret the other language of your contract and the circumstances of the project to determine whether you have transferred your copyright to the client.