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Avoiding a Shoot-Out with Your Freelancer ‘Gun for Hire’

Avoiding a Shoot-Out with Your Freelancer ‘Gun for Hire’

By Nina Kaufman, Esq.

I was asked recently in my Forbes.com Ask An Expert column whether you could copyright something you didn’t write.  The short answer is “no,” unless you’ve carved out a “work for hire” exception.  This is particularly relevant for entrepreneurs who outsource to freelancers for their projects. When you hire a freelancer to do work for your company, the freelancer–not you–is the owner of the copyright.  In order for your company to become the owner of the rights, you need one of two things (preferably, both): A written agreement that states that the work being performed is done on your company’s behalf as a work for hire; and A written agreement transferring any rights that the freelancer may have to your company. The second is important because your contract may come under scrutiny and not have the right language for a “work for hire” (it can happen, especially if you download contracts from the internet).  The first is important because, without the “work for hire” provisions, your freelancer can sell the work to someone else, make…

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Nina Kaufman

Flying solo doesn’t have to mean going it alone.

I’m Nina Kaufman.

I know first-hand that running a knowledge-based service business has unique challenges. It’s so much easier when you have an advocate in your corner. Over the past 25 years, I’ve worked with thousands of New York business professionals who want a legal advisor to guide and support them as they navigate the business world.

With wide-ranging experience as a business attorney, strategist, and media authority, I bring the added power of a business lens to the legal issues my clients are facing.

And because I’ve been a business owner myself, I’ve lived through the soaring highs and devastating lows – like when my first law firm failed. So I understand what’s involved to serve great clients, detect business risks early and build a true legacy.

I can’t get those 12 years back. That’s why I have made it my mission to ensure that business professionals like you can become wise and discerning leaders, build a solid business, and live your best life.