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4/10/2021 0 Comments

How to defend Your material possession Rights in Works Created By Contractors

Use written agreements to ensure you own the rights to creative work 

Companies often hire independent contractors (ICs) to do creative work, such as writing articles, newspapers or books, design business logos, create illustrations or graphics, or develop architectural plans and drawings. You might think that the hiring company automatically owns the work produced by the contractor. After all, the company ordered and paid for it, right?
 
However, in reality, you cannot own the finished product, even if you pay an IC to make it for you. Unlike employees, who almost always automatically belong to the employer, credit unions are independent business people and can retain property rights to the work they create

Copyright Rules

If you hire an IC to create an author's work such as written works, plays, music, art, graphics, photographs, software, movies and videos, drawings, etc., the finished product will be protected by copyright. permission. The copyright owner has some control over how the work can be used, including the exclusive right to copy and distribute the work. If an IC holds the copyright to a work you hire them to create, your right to use that work may be severely restricted even if you have paid for it. 

A written agreement avoids this problem. For certain types of creative work (referred to as “rental works”), you own the copyright as long as you and the IC make a written rental agreement. For other creative works, you will need to use a task: a written agreement in which IC transfers a number or all of the right copyright permissions for you.

Works Made for Hire

When you pay IC to create a rental work, you are legally considered the author of the work and are entitled to all copyright in the work, but you must have a written agreement written to IC that the work is for rent.

However, not all works. can all be rented. Only works in one of these categories are eligible:

  • a contribution to a collective work, such as a magazine or literary anthology
  • a part of an audiovisual work
  • a translation
  • a supplementary work, such as an appendix, bibliography, or chart
  • a compilation
  • an instructional text
  • a test
  • answer material for a test, and
  • an atlas.

Works Not Made for Hire

If the work you want IC to create does not fall into one of the nine categories of rental works above, it will not be considered a rental work and you do not automatically own the copyright to it. . In this case, you will need to obtain a written assignment in which the IC transfers all or part of the copyright to you.

​​Yoel Molina, Esq. (AKA “Mo”)

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    Yoel “Mo” Molina, I am a lifelong resident of Miami, Fl.  I am a graduate of Miami Senior High, Class of 1992, Georgia Institute of Technology, B.S.  1997 and University of Maine School of Law, J.D. 2001.  I have been practicing law in Miami Since 2001. I am a former training prosecutor in the Miami-Dade State Attorney’s Office.  I have experience in jury trials, appeals, and administrative hearings. I have appeared before judges across the State. My experience ranges from civil litigation matters, collection matters, foreclosure, business and corporate, contracts, real estate, leases and employment matters..

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"Mr. Molina has always been there for us with timely, reliable and competent advice. He is an important and valuable part of our team."  Corporate Client Eric Delgado, President of American International Export, Inc., a worldwide importer and exporter of brand name appliance parts.
"Yoel has been responsive and attentive to our company’s best interests and needs.   He has been a valuable resource to our company.  Any company that enlists his services would be in good hands-- including our own clients.” Corporate Client Gibran Flynn - Co-Owner and Founder of Eleva Solutions, Inc., the South Florida leader of outsourced HR, Staffing, Training, and Loss Prevention.
"My name is Anastasia Yecke Gude and I am the owner of Healing Hands Therapeutic Massage LLC.  In the process of my company’s growth and expansion, I suddenly found myself a few weeks ago in need of a 1099 contractor agreement, and I needed it ASAP.  As in, the very next day!  I contacted the Law Office of Yoel Molina and his assistant put me in touch with Mo.  I sent him what I had drafted up and he replied within a few hours with suggested revisions and clarifications, as well as a few insights I had not even considered.  I was thoroughly impressed by the quality of work he provided, especially considering the time crunch I put him in (sorry, Mo!).  I definitely recommend his services to anyone in need of a good contract attorney, and I will be calling him again for future work…hopefully in less of a rush next time!"