In this case, courts ruled that altering a game’s content in a certain ways did not violate copyright laws. It resulted in gaming giant Nintendo paying 15 million in losses to the little guy, Lewis Galoob Toys, Inc.
Situations where potential venture capital investors are grilling start-up management always seems to bring the T.V. show “Shark Tank” to mind.
I don’t know how many times I watched as one of the “sharks” on that show told some poor business bait that money would be offered to invest based on a plan to market a license on an app program that showed great potential.
The shark sure sounds like he knows what he is talking about. Or does he.
Because we know that before licensing anything a startup manager needs to have procured a solid copyright.
He routinely works with clients on an independent contractor basis.
Mark decided to work on a particular client’s project without a written agreement or contract stating the terms of the association.
The client later refused to pay Mark for his work.
The client then began to freely use Mark’s work claiming (1) there was no written or verbal contract for services and no “course of dealing understanding” between them and (2) and that based on the lack of any formal agreement Mark retained no copyright ownership interest or rights in the work he contributed to the project.
Mark feels the client not only ripped off his creative input and artwork but he seems to have been able to misappropriate the copyright interest in his work. Mark has proof his client is using his artwork.
You might think the founder of a startup that helps creatives, freelancers and their clients transfer copyright and intellectual property ownership online would have no problem when it comes to transferring IP rights to his own work to someone else, but you would be wrong.
As Kunvay’s founder, I know exactly what it’s like to run into problems transferring ownership of my work to someone else while getting paid fairly for my contributions.
Transferring and acquiring ownership rights to knowledge work is complex and can be frustrating to administrate.
In this post, you’ll learn three important lessons I learned from a recent experience that could be of benefit to you as well.
So let’s begin . . .
I’ve always been a fan of open innovation and crowdsourcing ever since reading Dan Tapscott’s book, Wikinomics.
No matter how big your organization is (whether you’re a boutique creative studio or Procter & Gamble), there are more smart people outside your organization than inside your organization so why not benefit from ideas and perspectives from the outside?
Today many companies routinely acquire solutions to business problems created by people outside their organization giving rise to intermediary companies like Innocentive and Innovation Exchange (IX) that provide a platform to outsource business challenges to the proverbial crowd.
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