Earlier quoted context omitted.
I am saying if you sign a work for hire agreement, and are later determined to be an employee, the company owns the IP because you are an employee of the company, not because you signed a 'work for hire' agreement. Conversely, if the company assumed you didn't need to sign a 'work for hire' agreement because you were an employee, but the IRS determined you were a contractor, you would retain the rights to your works.
What does any of this have to do with AOL?
AOL Exposed: A Former AOL Employee Speaks Out
91–100 of 124 posts
Re: AOL Exposed: A Former AOL Employee Speaks Out
#92Earlier quoted context omitted.
Well Hacker News doesn't make any revenue and acts as a community project of a company, not a profit-aiming brand.
It also produces 0 content, merely comments. It's an aggregator. We've all got used to the aggregators like google making all the money by convincing everyone content should be free. It was the greatest and long-term wise worst achievement of the dot com boom.
I wouldn't say those are mutually exclusive.
Re: AOL Exposed: A Former AOL Employee Speaks Out
#93Re: AOL Exposed: A Former AOL Employee Speaks Out
#94Maybe this is an idealistic thought, but I think this trend of writing SEO laden garbage is what will finally make quality journalism behind paywalls work. People will eventually be driven to pay for decent content, unable to put up with irrelevant half baked articles churned out at breakneck pace.
I pay for publications like The Economist and The Atlantic (both of which I read entirely digitally) for exactly that reason. I want quality content when I sit down to spend my precious reading time on something. I can hardly imagine spending that time reading insipid, content mill junk. Who puts so low of a value on their time?
Sadly, lot of people, it would seem. AOL's still in business.
Re: AOL Exposed: A Former AOL Employee Speaks Out
#95"AOL paid us as “independent contractors," AOL is treading a fine, fine line there. The IRS defines an independent contractor as: "The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done." This is a notoriously ambiguous definition but with AOL's rigorous guidelines, deadlines, and…
That is not the only criteria. See this comment: http://news.ycombinator.com/item?id=2666507 The other issue is, as a contractor, the contractor retains all copyrights to the material created. Work for hire does not apply in this instance. He could send a DMCA takedown notice and have all of his articles removed, or organize all the other unemployed writers and coordinate a massive DMCA takedown letter writing campai…
Even if this were true (it isn't), what difference would it make? The content he was writing was ephemeral fluff, designed to fill the daily news hole. It's not like Wikipedia. They could lose everything that all these writers wrote up to 6 months ago and chances are that nobody would notice. Guy got fired because he would have had to be treated differently for tax purposes if they had kept him on the payroll any longer, I suspect.
Re: AOL Exposed: A Former AOL Employee Speaks Out
#96Earlier quoted context omitted.
If you sign a professionally drafted contract stating that you are being compensated for writing done on a work-for-hire basis, you are not keeping the copyright to your work regardless of whether the IRS determines that your employer owes penalties and interest for stiffing them on your payroll taxes.
I am saying if you sign a work for hire agreement, and are later determined to be an employee, the company owns the IP because you are an employee of the company, not because you signed a 'work for hire' agreement. Conversely, if the company assumed you didn't need to sign a 'work for hire' agreement because you were an employee, but the IRS determined you were a contractor, you would retain the rights to your works.
Re: AOL Exposed: A Former AOL Employee Speaks Out
#97I am a huge supporter of creatives and artists. That being said, I have only partial sympathy for this guy. Work is work and we all need it, particularly creatives, but when you take a job writing about things you don't know anything about, you can't complain that you're being asked to do so. If he hadn't seen the most popular shows on television, he took a job he wasn't qualified for. That's fine, but then, he could…
Re: AOL Exposed: A Former AOL Employee Speaks Out
#98Earlier quoted context omitted.
Well Hacker News doesn't make any revenue and acts as a community project of a company, not a profit-aiming brand.
It also produces 0 content, merely comments. It's an aggregator. We've all got used to the aggregators like google making all the money by convincing everyone content should be free. It was the greatest and long-term wise worst achievement of the dot com boom.
Re: AOL Exposed: A Former AOL Employee Speaks Out
#99Re: AOL Exposed: A Former AOL Employee Speaks Out
#100Earlier quoted context omitted.
That is not the only criteria. See this comment: http://news.ycombinator.com/item?id=2666507 The other issue is, as a contractor, the contractor retains all copyrights to the material created. Work for hire does not apply in this instance. He could send a DMCA takedown notice and have all of his articles removed, or organize all the other unemployed writers and coordinate a massive DMCA takedown letter writing campai…
Virtually all contractors in our field work under "work-for-hire" clauses. I am baffled by the people voting you up and those questioning you down. It is not "in the Constitution" that two parties can't agree to a binding contract that transfers ownership of work product. The IRS tests for contractor vs. employee status break down to: * Does the worker control the "how" as well as the "what" of their task, or do they…