Employee or contractor?

This item appears in today's Law News Network:

Congress Eyes Contractor Issue

     From waiters to high-tech freelancers, workers say they are misclassified as independent contractors so that businesses can avoid paying benefits. And they are fighting back in court. Congress is now stepping into the fray with legislation that aims to clarify the distinction between an independent contractor and an employee. (The National Law Journal -- For complete story, see http://www.lawnewsnet.com/stories/A2578-1999Jun21.html)

     The importance of this for employment law is obvious; but its importance for copyright law should not be overlooked, since an "employee" who, within the scope of his employment, creates a copyrightable work for an employer creates a "work made for hire," in which the copyright automatically goes to the employer; while a "contractor" who creates a copyrightable work for an employer retains ownership of the copyright in that work absent a written agreement to the contrary. -- Still one of the most widely misunderstood concepts in copyright law, and one on which those of us who are private practice lawyers need to keep our clients constantly informed.

Robert C. Cumbow
> Graham & Dunn, P.C.
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Received on Thu Jun 24 1999 - 15:44:56 GMT