NO: If the answer is “no” and your company does not have an appropriate independent contractor agreement or not stipulating that the delivery element is “interim work,” the analysis ends there. At least by law anyway, the work is NOT a “rental job” and will belong to the independent contractor. An exception applies to scientific or critical expenditures of works in the public sector. Under Article 70 of German copyright, expenses resulting from scientific or scientific analyses have a copyright term of 25 years. Therefore, the publisher of an original score of a Beethoven opera would only be protected for 25 years, but the arrangement of the entire piano orchestra would enjoy full protection of 70 years – in due course the publication of the piano arrangement and not the death of the publisher. Working is a work-for-hire activity. [Citation required] What for? California Labor Code (section 3351.5 (c)) stipulates that a person responsible for creating a “job for rent” is an employee. In addition, the California Employment Insurance Code provides that a contracting party who receives “rental works” is an employer. It is important to note that if the termination does not take place on time (normally after the 35th year and before the year 36), the right will be waived and the beneficiary of the assignment would remain owner under the normal copyright in accordance with the original provision of the assignment in the independent contract contract. However, the most effective thing is to explicitly describe the parts as “co-authors” and the work as a “common work” within the meaning of copyright. In this way, the contractor/beneficiary independent of the assignment (probably) could not terminate the assignment without the signature of the employer/agent. All that said and done, you end up with “co-authors” who are equal owners and one author grants his rights to the other by assignment, and the assignment cannot be completed at the end of 35 years, because the assignee cannot form the required majority. According to copyright, there are some long-term differences between “rented works” and assigned works that relate to the rights of the work after a few years, so that the assignment solution is not perfect.
But it`s probably better than bringing your independent contractor relationship back to work under California law. The circumstances under which a work is considered a “work for rent” are determined by the United States Copyright Act of 1976, since either your company has just hired someone to help develop your new mobile application. Your agreement with this programmer or engineer expressly states that everything it creates for your business is a “job to rent.” Your business is good, isn`t it? Under no circumstances can the new employee ever qualify for delivery services, can he? In general, a copyrighted work is the exclusive property of the person who created it (and provided the author has not transferred all or part of the copyright package to another person). That`s the default rule.