Re: Re: derivative work - rights to publisher and rights reserved

From: Terry Carroll <carroll[_at_]tjc.com>
Date: Thu, 05 May 2005 18:25:00 -0400


On Wed, 4 May 2005, Mike Bradley wrote:

> In California, by the way, the employment tax agencies argue that a
> writer--or any creator--who give all copyright is a de facto employee.

Is this correct? I know there are statutes that require that a WMFH creator is deemed to be an employee for purposes of worker's comp and unemployment; but I'm unaware of any similar provision for taxation purposes (not that that would necessarily stop a tax agency from making the claim), or other employment provisions.

I'm assuming your comment is limited to the present context of works made for hire, as opposed to an assignment of copyright; I concede that my quote above doesn't reflect that context. Received on Fri May 06 2005 - 02:25:00 GMT

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