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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35309
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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I own a small business and am a sole proprietor. I write

Customer Question

I own a small business and am a sole proprietor. I write study material and sell them as e-books, and also offer phone tutoring. I have two questions.
1. I would like to hire someone to write for me and pay them as an independent contractor, and then I want full rights to what they wrote. What type of document or agreement do I need to have them sign in order to insure I have full rights to what they wrote? What do I need to know about hiring an independent contractor to write for me?
2. I also want to hire someone to tutor. I will collect payment from the clients and then pay the tutor a portion of what I collect. What type of document or agreement should I have them sign to protect me from any legal or financial problems, and what do I need to know about hiring an independent contractor to tutor as an independent contractor?
Submitted: 6 months ago.
Category: Legal
Expert:  LawTalk replied 6 months ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

You asked:

I would like to hire someone to write for me and pay them as an independent contractor, and then I want full rights to what they wrote. What type of document or agreement do I need to have them sign in order to insure I have full rights to what they wrote? What do I need to know about hiring an independent contractor to write for me?

You are going to need an independent contractor contract which sets out all of the terms of the relationship between you and the contractor, and which also includes an intellectual property clause which ensures that all work performed and content created by the contractor in working for you becomes your sole property with right of copyright.

You will need to know that the contractor has proven writing experience and that they are willing to transfer their copyright rights in the work they produce to you as part of the employment agreement.

I also want to hire someone to tutor. I will collect payment from the clients and then pay the tutor a portion of what I collect. What type of document or agreement should I have them sign to protect me from any legal or financial problems, and what do I need to know about hiring an independent contractor to tutor as an independent contractor?

You will again need an Independent Contractor Agreement with the tutor which sets out each of your rights and obligations and what is expected of them as well as the calculation as regards ***** ***** will be paid and how much they will be paid for the jobs assigned. You will want to ensure that they have appropriate business insurance to cover any negligence on their part while performing the tasks that you may assign from time to time.

As a practical matter, you will probably want to do a criminal background check on any contractor that you plan to use to ensure that they are not a danger to your clients, and you will need to ensure that they are qualified to tutor in the subjects that you need.

You will want to retain a local employment law attorney to assist you in the drafting of these contracts---especially the one which provides that you will have all rights to the works/manuscripts created by your employee for purposes of Intellectual Property and Copyright purposes.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 6 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Expert:  LawTalk replied 6 months ago.

Good afternoon,

Is there anything else that I can assist you with today?

Doug

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