1 employees vs independent contractors a who controls

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1.Employees vs. Independent Contractorsa.Who controls the manner and means of production?b.Whose place of business is used?c.Whose tools are used?d.Who sets the hours of work?e.How is the worker paid?f.Does the worker have other jobs/clients?g.Does the work require a great degree of skill?h.Are taxes withheld from the worker’s pay?
2.Works by independent contractors; if one of the nine types of commissionedworksandif agreed in writing to consider the work it is a work made for hirea.Contribution to a collective workb.Part of a motion picture or other audiovisual workc.Translationd.Supplementary worke.Compilationf.Instructional textg.Testh.Answer material for a testi.Atlas3.Effect of work made for hire statusa.Ownershipb.Termination rightsc.DurationIV. Assignment of Copyright Ownership: transfer of copyright ownership rights from one partyto anothera.Statutory requirements: must be in writingb.Revocation (the official cancellation of a decree, decision, or promise)for a five yearperiod beginning at the end of the 35th year after assignmentc.Some or all exclusive rights?d.Contractual reversion clause?e.Transfer of copyrighted property is not assignmentV. Duration of Copyrighta.General rule is life of the author + 70 years for works created on or after 1/1/78b.Works made for hire - the earlier of 95 years from publication or 120 years from creationc.Pre-1978 works/renewal - 28 year initial term, plus 67 year renewal term; prior to 1992,renewal was required prior to expiration of the initial term; beginning in 1992, renewal isnot required, but is advantageousVI. Copyright Licenses: An agreement by the owner of intellectual property to permit another touse a trademark, copyright, patent, or trade secret for certain limited purposes.a.Exclusive licenses must be in writing: means that no person or company other than thenamed licensee can exploit the relevant intellectual property rights.b.Non-exclusive licenses: grants to the licensee the right to use the intellectual property, butmeans that the licensor remains free to exploit the same intellectual property and to allowany number of other licensees to also exploit the same intellectual property.VII. Copyright Noticea.Effect of “publication”; Berne Act changes effective 3/1/89
b.Form of Notice: announcement of something that is impendingVIII. Copyright Registrationa.Not a condition of copyright protectionb.Is a prerequisite to an infringement actionc.Prima facie evidence of ownershipd.Option to elect range of statutory damagese.Attorney feesIX. Copyright Infringement/Remediesa.Accessb.Substantial similarityc.Monetary Damagesd.Attorney Feese.Injunctive Relieff.Impounding and disposition of infringing articlesg.Criminal PenaltiesX. Defenses to Infringementa.Work is not copyrightableb.Work is not owned by copyright claimantc.Innocent infringementd.Fair Use: in some circumstances, a person or organization can reproduce copyrightablematerials without paying any royalties.

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Term
Summer
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Tags
Business, Business Law,

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