If you are asked to do research and produce a creative document or piece of work for your employer and it is your desire to maintain the rights to the creative work, it is imperative to understand the importance of having a written agreement, or contract, stating to whom the document, or creative work will ultimately belong.
In addition, if you are working for a company that has asked you to do research for producing a document, or creative work, it may be in your best interest to maintain an “independent contractor” status in order to help ensure the court will likely rule in your favor should a copyright dispute occur. Austin attorneys at Shaw Cowart understand the many complexities that intellectual property rights entail and can help you protect your work.
A Few of the Many Guidelines Used by the IRS to Determine Independent Contractor Status
- Instructions: Workers who must comply with your instructions as to when, where, and how they work are more likely to be employees than independent contractors.
- Integration: The more important that your workers’ services are to your business’s success or continuation, the more likely it is that they are employees.
- Set hours of work: Workers for whom you establish set hours of work are more likely employees. In contrast, independent contractors generally can set their own work hours.
- Full time required: Workers whom you require to work or be available full time are likely to be employees. In contrast, independent contractors generally can work whenever and for whomever they choose.
- Work done on premises: Workers who work at your premises or at a place you designate are more likely employees. In contrast, independent contractors usually have their own place of business where they can do their work for you.
Call Austin Intellectual Property Rights attorneys at Shaw Cowart law firm today, and protect your rights now by consulting with experienced attorneys who understand these pitfalls.