The Official Kunvay Blog

Learn how to navigate copyright and intellectual property ownership smartly so you own your work, and own your future.

What Every Creative & Ad Agency Outsourcing Work to Freelancers Needs to Know About Copyright

Photo Credit: Mojave wins Creative Agency Awards 09 by Mojave Interactive used under CC BY-NC-ND 2.0

Photo Credit: Mojave wins Creative Agency Awards 09 by Mojave Interactive used under CC BY-NC-ND 2.0

Creative agencies are increasingly shrinking the number of in-house or staff creatives and opting to rely on freelancers to perform a multitude of tasks from pitching ideas to sustaining an advertising campaign.

The sluggish economy has stressed many agencies causing those employers to suffer difficulties in covering the cost of maintaining staff employees.

It costs a lot these days to maintain a regular employee on staff (payroll taxes, healthcare, insurance, etc.).

Outsourcing of Freelance Work on the Rise

Some employers hoping to pinch a few nickels have turned to hiring freelancers and specifically designating them workers under agreement or “independent contractors” to function as part-time, intermittent and offsite workers that in truth provide the majority of the agency’s day to day creative needs.

Unfortunately, these employers wrongly conclude that simply claiming an employee is an independent contractor even if he is supplying regular, ongoing and predictable company tasks will relieve an employer of his responsibilities to State and federal taxation authorities.

It will not, and worse, this action could be considered intentional tax fraud.

If they could only see and hear the state and federal agency tax-collecting accountants slowly pursing their lemon-sucking lips into a shape that only slightly resembles a smile. “Penny wise and pound foolish,” they’d sneer in response, “Do these people think we were born yesterday on what? Audit that company.”

Copyright Ownership & Transfer, Employees and Independent Contractors

And if navigating the many potholes and ditches of payroll doesn’t provide enough points of interest for unwary management there is always the very dicey issue of copyright Continue reading

3 Common Copyright & IP Lawsuits Just Waiting to Happen to You & Your Business

Photo Credit: Large copyright sign made of jigsaw puzzle pieces by Horia Varlan used under CC BY 2.0.

Photo Credit: Large copyright sign made of jigsaw puzzle pieces by Horia Varlan used under CC BY 2.0.

The three most common Intellectual Property (IP) themed lawsuits are likely those that center on independent contractor/employee issues, copyright ownership issues and the hijacking of a unique and moneymaking idea.

The issues that create these types of lawsuits tend to crop up again and again for the simple reason that the law protecting the rights of the players is not always intuitive for most people with the result that costly and inadvertent mistakes can easily be made.

The first important legal mine field to know more about is the one that pits the rights of a creative or freelancer against those of an employer.

Part I. Independent Contractor IP Rights v. Employee

Just for a moment pretend that you created this really innovative business and you hired your neighbor’s kid do the programming work for your website.

Now that your business has really taken off you are wondering if the kid actually Continue reading