Re: Independent contractor to work-for-hire via disk delivery?

by Ivan Hoffman <ivan(at)ivanhoffman.com>

Date:	Tue, 25 Sep 2001 05:57:34 -0700
To:	info(at)windyhilldesign.com, <hwg-business(at)hwg.org>
In-Reply-To:	attglobal
	todo: View Thread, Original

At 04:51 AM 9/25/2001 -0400, H. G. Quinn wrote:
>I've heard that I change my independent contractor
>relationship with a client to a work-for-hire
>relationship if I deliver a web site on disk, instead
>of via FTPing the work to the live site.  Does anyone
>know if this is true?  Or is this a web designer's
>urban myth?

What you may be referring to is a policy by at least the California taxing 
authorities that if a site is delivered on a disk it is subject to sales 
tax but if it is ftp-ed, it may not be.

There are also statutes in California that touch on the nature of the 
relationship in what are akin to works made for hire situations and make 
the independent contractor an employee for purposes of workmen's 
compensation and unemployment insurance.

IVAN HOFFMAN, B.A., J.D.
Attorney at Law
Lawyering With Integrity
Internet Law, Publishing Law, Copyrights, Trademarks, Corporate Training 
and Online Education Law, Web Design Law, Music Law.  *A 6 Times Award 
Winning Site.* http://www.ivanhoffman.com

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