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8. Services rendered personally. Must the worker provide the services personally, as opposed to delegating tasks to someone else? (This indicates that you are interested in the methods employed, and not just the results.)
The problem is that when a photographer is hired under a work made for hire agreement, then the photographer, under California state law, is considered an employee rather than a independent contractor.
California Governor Gavin Newsom has quietly signed a new law that exempts freelance photographers and some other types of independent contractors from the controversial AB 5 law that forced a huge range of freelancers to become employees.
There's no out-of-the-dictionary definition for freelance photography, but let's start by trying to figure out what a freelancer is. Usually, it is a self-employed person who provides services on a contract-based arrangement.
Freelancers are independent contractors who should receive 1099 from the company using their services and are subject to paying their own taxes, including self-employment tax.
California Governor Gavin Newsom has quietly signed a new law that exempts freelance photographers and some other types of independent contractors from the controversial AB 5 law that forced a huge range of freelancers to become employees.
New California Law Makes it Easier for Certain Musicians, Writers, Photographers and Content Providers to Be Deemed Independent Contractors Frankfurt Kurnit Klein & Selz.