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Work for Hire Doctrine and Freelance Work
https://legiswiki.com/en/p/10295/work-for-hire-doctrine-and-freelance-work
The Work for Hire Doctrine is a legal principle in U.S. copyright law that determines who owns the copyright of a created work. It generally means that the copyright is owned by the employer or the party that commissioned the work, rather than the individual who actually created it. How It Applies t...

Freelancer Rights

Freelancer Rights Overview

Freelancers, often classified as independent contractors, have specific legal rights that vary by jurisdiction. These rights generally include protections related to contracts, payment, and workplace conditions.

Key Rights for Freelancers

  1. Written Contracts: In many jurisdictions, contracts worth a certain amount must be in writing. For example, in New York, contracts worth $800 or more must be written. Similarly, the Freelance Worker Protection Act in Illinois requires written contracts for work valued at $500 or more over a 120-day period.

  2. Timely Payment: Freelancers are entitled to receive payment for completed work on or before the date specified in the contract. If no date is specified, payment is often due within a certain timeframe, such as 30 days after completing the work.

  3. Protection from Retaliation: Freelancers are protected from retaliation for exercising their rights. This means clients cannot penalize, threaten, or blacklist freelancers for asserting their legal rights.

  4. Health and Safety Protections: Freelancers are entitled to health and safety protections in the workplace, similar to those afforded to employees.

  5. Protection Against Discrimination: Freelancers are protected against discrimination in the workplace, similar to employees.

  6. Intellectual Property Rights: Freelancers generally retain the copyright to their work unless they have signed a "work for hire" agreement transferring ownership to the client.

Jurisdiction-Specific Laws

  • New York City's "Freelance Isn't Free Act": Provides protections for timely payment, written contracts, and anti-retaliation provisions.
  • Illinois Freelance Worker Protection Act: Offers similar protections, including written contracts and timely payment for work valued at $500 or more over 120 days.

Freelancers should be aware of the specific laws in their jurisdiction to ensure they are protected and to understand their rights fully.

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