[ SHOWGSD-L ] A real mess

  • From: ELG440@xxxxxxx
  • To: showgsd-l@xxxxxxxxxxxxx
  • Date: Thu, 17 Aug 2006 16:37:13 EDT

 
 
In a message dated 8/17/06 9:23:07 A.M. Pacific Standard Time,  
PAGAIRS@xxxxxxx writes:
Gail,who  was hired and paid by the Parent  Club hired  her two friends 
to  help her run the Review. They  were HER Paid  employees. What was  used 
to 
run the Review stays with  the  Review.,which belongs to  the Parent club. 
Just because Gail had an   Independent  Contractors contract,so she could 
hire her 
two  friends,doesn't   entitle her or them to any rights of  ownership



Actually the facts as Helen states are correct, the law that Helen and Gary  
state is not. 
 
An independent contractor is such, since they can develop the work on their  
own time, with their own equipment. If the party who contracts with them gives 
 them too much direction, or controls the method of development, then the  
independent contractor status is lost, and there are tax consequences.
 
Since Gail did hire her own staff, at her own expense, then any systems  
developed by that staff remain the property of the person who developed them.  
The 
past Reviews published and the information in those magazines does belong to  
the GSDCA, as it is a product paid for and produced for and by the club.  
However, the tools used to produce that magazine, if developed by an 
independent  
contractor, does not become the property of the club.
 
The law in this area is becoming interesting as people develop computer  
programs, while employed, and while independent contractors. I just won a  
large 
trial against an Indian Reservation who hired my client to write a  program to 
allow the gamblers to accumulate points that then could be used to  purchase 
items. The casino felt they owned the program. The court felt  differently, 
after reviewing the law of independent contractors.
 
Perhaps this is more than people wanted to know, but I was just involved in  
exactly this question.
 
Evan  (http://www.asgardgsd.com/) 
Asgard German Shepherds  
http://www.asgardgsd.com/
Where Type Movement and Temperament come  together


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