Author Archives: Christiane Cargill Kinney

The Legal Pitfalls Inherent in Using “Works Made for Hire” in California

Labor and employment issues are frequently triggered in the entertainment space, particularly in California.  Some of these issues are well-known by practitioners in both areas of practice, while others can be a bit more obscure.  This article addresses one important area of overlap that is often the source of confusion for practitioners and their clients alike who, unbeknownst to them, have created employment relationships with their commissioned independent contractors, simply by including standard, boilerplate copyright language in their contracts. Under U.S. Copyright Law, only the author of a work can rightfully claim the copyright in that work. Obviously, when you …

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Employee Misclassification in the Entertainment Industry

Employee misclassification is one of the leading labor abuses in the country. In fact, in recent years, both the Internal Revenue Service and the U.S. Department of Labor have launched a misclassification initiative to combat this pervasive issue. Misclassification runs rampant in the entertainment industry, where terms like “low pay/no pay”, “copy, credit, meals”, and “deferred payment” get thrown around freely in order to meet budget. With the ease of access to affordable high quality recording equipment and editing software, the fast-growing independent market has only added to the I.R.S. and U.S. Department of Labor’s frustrations in this regard. The …

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