This page (revision-1) was last changed on 29-Nov-2024 16:16 by UnknownAuthor

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Law of agency
Law of agency

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!!! Overview
[{$pagename}] is a [Private Law] in most [Jurisdictions] dealing with a set of contractual, quasi-contractual and non-contractual fiduciary [relationships] that involve a [agent], that is [authorized] to act on behalf of the [principal] to create [legal] relations with a [Third-party].
As in a [Corporation|Organizational Entity], which is a [Legal Person], must act on behalf of [Agents] ([employees]) to make an [Contracts] with other [Principals] ([Natural Persons] or other [Legal Persons]) to perform [work].
In the [{$pagename}] the [Principal] is the [Accountable] party which [delegates|Delegation] [Authority|Authorization] to an [Agent] which is the [Responsible] party for performance of the [relationship] with the [Third-party]
!! [independent contractor]
An [independent contractor] is a [Legal Person] that provides goods or services to another [entity] under terms specified in a contract or within a verbal agreement. Unlike an [employee], an independent contractor does not work regularly for an [employer] but works as and when required, during which time he or she may be subject to [law of agency].
Independent contractors are usually paid on a freelance basis.
In the [United States] the distinction between [independent contractor] and [employee] is an important one as the costs for [Organizational Entity] to maintain [employees] are significantly higher than the costs associated with hiring [independent contractors], in part due to [United States federal government] and state requirements for [employers] to pay [FICA] (Social Security and [Medicare] taxes), [unemployment] taxes, and often [Health Insurance] on received income for [employees].
Likewise, [employees] are protected from being fired without cause, and if fired or let go for other reasons are entitled to [unemployment] benefits, whereas [independent contractors] have neither protection nor entitlement. [Employees] are also entitled to receive overtime pay for work performed over the 40-hour-per-week standard, whereas [independent contractors] may work any number of hours (including far above this standard) with no change in pay.
!! "work made for hire"
A "work made for hire" ([Original work]) can be created by an [employee] or by an [independent contractor]. If created by an [employee] within the scope of his or her [employment], then all such work is automatically owned by the [employer] as a "work made for hire".
No written agreement or mention in an [employee] manual is required, though this may be recommended.
HOWEVER, when [Original work] is created by an [independent contractor], then the [Copyright] [law] will only qualify as a "work made for hire" and therefore owned by the [employer], IF
* there is a written agreement that the work is a “work made for hire” and
* the work falls within one of the following categories:
** a contribution to a collective work
** as a part of a motion picture or other audiovisual work
** as a translation
** as a supplementary work
** as a compilation
** as an instructional text
** as a test
** as answer material for a test
** as an atlas
If the [Original work] does not fall in one of these nine categories, then __even a written agreement__ stating that the work is a "work made for hire" __will not__ be effective in causing the work to be owned by the [employer]. In such a case, only a written assignment of copyright will be effective.
Computer [software], websites, graphic work, and music will often not be considered included in one of the “work made for hire” categories.
!! [{$pagename}] vs [Custodian]
[{$pagename}] a [Custodian] are closely related and in some [contexts] may be the same.
An [agent] is [authorized] to "to act on behalf of the [principal]"
A custodian is a [holder] of an [asset] for a [principal] and __[MAY] or [MAY] NOT__ [Authorized] to also "to act on behalf of the [principal]"
!! More Information
There might be more information for this subject on one of the following:
[{ReferringPagesPlugin before='*' after='\n' }]
This page (revision-1) was last changed on 29-Nov-2024 16:16 by UnknownAuthorTop