Is Your Customized Software a ‘Work for Hire’?

Is Your Customized Software a ‘Work for Hire’?

Contracts, Copyright, Employment Agreements, Independent Contractor
Your company just hired someone to help develop your new mobile app. Your agreement with this programmer or engineer does say that anything she creates for you is a "work made for hire". So your business is good, right? No way that the new hire can ever claim ownership to any of the deliverables, correct? In my Phoenix technology law practice, I hear this a lot as it pertains to software and app development.   Unfortunately, the term "work made for hire" or, more colloquially, "work for hire", is a term as misunderstood by companies as it is misused. "Work Made for Hire" Doctrine Explained Generally, a work that is subject to copyright is automatically the property of the person who created it (assuming that author has not transferred some or…
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Got DIBS? How AZ’s Independent Contractor Law affects Your Startup

Got DIBS? How AZ’s Independent Contractor Law affects Your Startup

Business Formation, Employment Agreements, Independent Contractor
In this post, we examine Arizona's "DIBS" independent contractor law and whether it matters what startup companies call their employees. To be more specific, whether an emerging business can (or should) characterize its workers as regular employees or "1099" independent contractors? The Contractor/Employee Classification Dilemma The choice of whether a new business should call their new employee a "contractor" or an "employee" can be a difficult one, but it's a choice that comes with very real consequences for the wrong choice.  Generally speaking, you as the employer ordinarily have the burden of proving that an actual independent contractor relationship exists by "clear and convincing" evidence.   The need for clarity on this issue is perhaps more important than ever.  State and Federal misclassification enforcement efforts have been on the rise.  To…
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