2. Does your work qualify as a specially commissioned work, made for rent? 2) Early and/or partial payment: Literary translation occupations often continue for months and translators must eat in the meantime! I once worked on a book for which the author sent me one chapter a month for 14 months. Of course, it was not reasonable for the author to expect me until the whole book was translated to be paid, and my contract was very different from a work for a lease. Among other things, I had negotiated several partial payments during those 14 months. The request for advance or partial payment is entirely appropriate, especially if the work requires its full commitment. The commissioning work required great artistic skill – the artist provided his own tools – the artist conducted the work in his own studio, instead of working in the client`s workplace – the artist was maintained for a relatively short period of time – the client was not allowed to assign additional projects to the artist – except for completion times, the client does not control when or for how long the artist worked – the artist was paid a fee or fee instead of an hourly wage – the client had no role in hiring and paying artists – the work is not part of the client`s regular activity (z.B. Your client is a magazine publisher and not an illustration producer) – the client is not a business (z.B. , a private party ordered a portrait) – the client has no services for the artist (z.B. Health insurance) or contribute to unemployment insurance or work allowance – the client has not treated the artist as a tax worker (for example.B. the client has not paid payroll or social expenses) Since the workers` work automatically belongs to their employee, many companies will argue that an independent contractor, like a self-employed person, should be treated as his or her employee for the purposes of the work. Fortunately, the Supreme Court has decided that the question of whether an independent contractor qualifies as an employee depends on a rigorous test. (Community for Creative Non-Violence v.
Reid, 490 U.S. 730 (1989)). In this test, the courts must consider several factors in assessing a client`s degree of control over the work of the independent contractor.