South Carolina Work for Hire Addendum - Self-Employed
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How to fill out Work For Hire Addendum - Self-Employed?
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FAQ
You can hire 1099 workers for specific projects, but you can't control when or how they complete their jobs. You're not responsible for covering their Medicare and Social Security taxes, and you won't provide them with the same benefits as you would for a W2 worker.
While not always cut and dried, intellectual property created within the workplace context is typically deemed to belong to the employer, not the employee, even though the employee is the creator or inventor of the work in question. As an employee, however, you're not necessarily limited to this arrangement.
Under the work for hire doctrine, the employer owns the copyright in an employee's creative works, including written documents, audiovisual works, graphic art works, software code and others, so long as the work was created within the employee's scope of employment and the employee is an actual employee, as opposed to
Absent such an agreement, the employee may have ownership rights in the intellectual property he or she created while working for the company, even if the individual was specifically hired to invent a particular product or process.
Yes. You can be employed and self-employed at the same time. This would usually be the case if you were doing two jobs. For example, if you work for yourself as a hairdresser during the day but in the evenings you work as a receptionist in a hotel, you will be both self-employed and employed.
Although the employer is afforded a nonexclusive license to use the invention without paying royalties to the employee, the invention actually is owned by the employee. This employee has the right to exploit it commercially, typically by selling or licensing it to other users.
Key takeaway: Independent contractors are not employed by the company they contract with; they are independent as long as they provide the service or product agreed to. Employees are longer-term, on the company's payroll, and generally not hired for one specific project.
Very often, yes. The boilerplate IP contracts provided by most law firms usually claims one of: All software development work you ever do while employed by the company. All software development work you do using in any way any resource of the company, from computer to network connection.
Can I employ self-employed staff? Having multiple income streams is not uncommon nowadays and that means you can be both employed and self-employed. If you are looking to hire someone who is self-employed as an employee, there are no rules that say that person is ineligible.
