By Todd McMurtry | Published May 15, 2021 | Posted in Employment Law, Intellectual Property | Tagged Tags: copyright act, independent contractor, made-for-hire | Comments Off on How Independent Contractors Can Secure and Protect Copyright Interests in Works Made for Hire
How Independent Contractors Can Secure and Protect Copyright Interests in Works Made for Hire
In general, the creator of a work — whether it is musical, verbal, visual, digital or another form — is entitled to the copyright. However, federal law makes exceptions for “works made for hire.” These are works created by employees during the course of their employment or by independent contractors. In those cases, the employer Read More
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Can an At-Will Employee Be Fired for Engaging in a Political Protest?
Most people have strong opinions regarding politics — and sometimes the topic can be difficult to avoid in the workplace. If you express your views at your job or by participating in a political protest, you may be wondering if you can be legally terminated by your employer in retaliation. Although the First Amendment provides Read More
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Does the President Have the Legal Authority to Cancel Student Loans by Executive Order?
One of the biggest issues faced by the Biden Administration is the nation’s student loan crisis. Congressional leaders and various organizations are calling on President Biden to cancel up to $50,000 in student loans per borrower by executive order. Biden supports the idea in principle but questions whether he has the legal authority to take Read More
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How to Serve Legal Process Upon a Foreign Individual or Entity
Correct service of process is a basic and vital part of initiating a lawsuit. In American jurisprudence, courts need to know that defendants have received actual notice of the existence of lawsuits filed against them. Service of process on a foreign person or entity can be complicated but must be completed properly or the plaintiff Read More
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How to Determine the Strength of Your Company’s Claim for Defamation
Defamation is a common law tort that can be directed at a person, business, a business owner or employees of a company. The defamatory statement can be written (libel) or spoken (slander). In order to be considered defamation, it must be a false statement of fact, not an opinion, about the business entity or one Read More
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Kentucky Supreme Court Upholds Governor’s Power to Order COVID-19 Lockdowns but Legislators Balk
On November 12, 2020, the Kentucky Supreme Court rendered a unanimous decision that upheld executive orders and regulations issued by Governor Andy Beshear in response to the COVID-19 pandemic, finding them a legitimate use of the governor’s executive authority that did not violate the Kentucky Constitution. However, the decision has prompted a legislative backlash that Read More
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The Right of Shareholders to Inspect Corporate Records
Shareholders have common law and statutory rights to inspect and copy the records and books of corporations and limited liability companies (LLCs). These rights exist so that shareholders are able to ascertain whether corporate management is being properly conducted and so that they have accurate information when voting on corporate issues. These rights don’t often Read More
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How to Obtain Records from a Public Agency in Kentucky
Kentucky citizens have the right to know how public agencies, officials, departments and other bodies conduct their affairs. Since passage of the Kentucky Open Records Act in 1976, all public records have been open for inspection by anyone who requests them, unless the record falls under an exemption. The Open Records Act applies to all Read More
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Understanding Shareholders’ Rights in Derivative Actions
When someone who controls a corporation, such as a CEO or director, engages in conduct that a shareholder believes has harmed the corporation in some way, what can the shareholder do about it? In some circumstances, a shareholder may file a derivative lawsuit. Shareholders are investors in a corporation but they do not have control Read More
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Can China Be Held Legally Responsible for the COVID-19 Epidemic?
A bill recently introduced in Congress would allow Americans to sue the Chinese government for harm caused by the coronavirus pandemic. The measure, called the Holding the Chinese Communist Party Accountable for Infecting Americans Act, is the most recent in a series of attempts by legislators to saddle China with legal liability for the spread Read More
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