Re: Question About Subcontracting

At 04:38 PM 1/28/00 -0700, Sheldon J. Potter wrote:
>Hello Group --
>
>I am considering the addition of subcontracting services to my Web
>design business.  Although I've begun researching it on the Web I've not
>yet located much information, especially concerning the business and
>marketing aspects of subcontracting.

As part of the business of subcontracting, you cannot avoid dealing with
the legal consequences of subcontracting.  If you don't know what the law
is, how can you make money?  US copyright law is clear:  if you are hiring
a subcontractor and that subcontractor creates copyrightable work (which is
virtually all work), you must have a valid, written agreement, signed by
the subcontractor, if you are to acquire exclusive rights to his or her
work. This is essential since you will have made certain grants of rights
to your client about your work and if your work contains the
subcontractor's work and you don't have such a valid agreement, you could
be in breach of your agreement with your client and an infringer of the
copyright of the subcontractor.

Merely paying the subcontractor, without more, does not convey exclusive
rights to you.

Read "The Independent Subcontractor Agreement" on my site.  Click on
"Articles for Web Site Designers and Site Owners."

IVAN HOFFMAN, B.A., J.D. 
Attorney At Law
Lawyering With Integrity (sm)
Writing and Publishing Law, Web Design Contracts and Law, Copyrights,
Trademarks, Internet Law, Web Site Audits, Recording and Music Law.  *A
Four Times Award-Winning Site.*
http://www.ivanhoffman.com

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