by Professor Joe
Did you ever wonder who actually wrote the content on a webpage you are viewing? The novice computer surfer is rarely interested in these details, but the truth is that many websites or blogs are actually written by a ghost writer who is knowledgeable in the particular niche. The number of niches abounds, and legal content is a prime example from the multitude of niches. Attorneys have figured out that good website content can result in solid leads to individuals who have legal standing for a lawsuit or are in dire need of an attorney for personal matters. But, there are also legalities involved with the mere process of providing and producing quality content.
Many blog or website operators use online content writing services that normally classify their niches in wide varieties and post the content order to a job board that is then accessed by the content provider company writers. These company "ghost writers" then choose an article from the open board. Normally included in the process of becoming one of these writers is submitting personal identification, along with the ever-popular disclosure of a social security number. But, the content provider company will still try to sell the newly acquired writer on the idea that they are self-employed. True self-employment is congruent with true self-independence.
One of the rules of individual employment by another business entity is the disclosure and possible exploitation of a social security number. Reasonability is the hallmark of the U.S. common law legal system. And, it is absolutely unreasonable, and possibly an outright deception, to communicate the idea of self-employment to a writer immediately following the absolute employer requirement of providing social security or tax identification information.
This could easily result in a situation of corporate tax evasion by the provider company, as the company will normally not follow the regulation of the social security matching tax program. Social Security tax contributions for an employer are a tax requirement, which has been well-documented by the Social Security Administration. There is an exemption for IRS deductions, but not for FICA tax deductions or employer matching contributions. And, self-employment means exactly what it says. When you transfer this information, you are no longer self-employed with reference to any work produced for the coercive content company.
For those who understand intellectual property copyright laws, the operative word in this discussion is "produced" content. The new writer is often so happy to find a content provider who will accept them that they will sacrifice anything, beginning with their own precious legal copyright. The company then profits from the writer's production, complete with a non-competition agreement, while having duped the ghost writer into copyright forfeiture and still promoting the fact that the writer, or "content producer," is self-employed.
When presented with a legal claim concerning this established business relationship, any court in the country may immediately issue a common law ruling that the "nature of the relationship" is verified by the vertical command structure. The problem is proper court of jurisdiction. This arrangement is an obvious employer/employee relationship, and the employer is required by law to provide the same benefits and assume the same responsibilities as any other employer.
A candied apple sales company is a good analogy to this business situation. Before the candied apple can be sold, which could even be a photograph in the digital world, the candied apple sales company must "purchase" an apple or grow (or write) their own. Webpage content "producers" produce those apples for purchase by the candied apple sales company.
This business relationship is just like buying a photo from a professional photographer. It is the classic newspaper employment format. Photographers produce intellectual property also, as a picture tells a thousand words. Any picture taken while on duty means the copyright belongs to the newspaper or magazine. Purchasing a picture from a "self-employed" photographer is a sale, and more importantly, is not a job responsibility by virtue of independent self-employment. The purchase is for publication rights transfer.
All text content articles have the same intellectual property legal protection as a photograph for the writer who owns the copyright. The problem is company coercion in order for the potential worker to procure a business relationship that results in a vertical command structure. This is done while the "non-employer" employer also maintains the false perception of independent employment. Herein lies the exploitation.
Once individual tax information is transferred and "employment" is verified, the writer is no longer self-employed. This is established by the fact that writer participation, or employment via accessing the company writing property (usually an app), is authorized entirely by the employer. With the vertical command structure in place, the writer is "owned" by the content company in terms of intellectual property rights for company titles, rights that have been forfeited by the writer as a condition of employment unless otherwise stated.
However, because of the legal doctrine regarding the nature of the business relationship, the "non-employer" employer cannot legally control the business relationship both ways. The unbeknownst employee allows the relationship to continue via ostrich-style ignorance. In legal applications, including discrimination, this business policy is called "coercion" as a condition of doing business, which is what truly independent workers do. They do business. This policy is not the same action as requiring an individual to agree to terms and conditions with a check box. Be not deceived. This involves employment, and employment involves legalities or the dodge ball employer would not be requesting tax information.
Successful and professional independent writers should always utilize good business sense, as well as produce quality content. And, this process starts with protecting company intellectual property legally. Do not be enamored with the idea that you can work from home as a "writer," but instead be enamored with the idea that you are an entrepreneur who is providing a product for a sales customer. Always remember, being self-employed means being independently employed also. The terms cannot be legally separated.
Always remember that being independently employed means you are your own boss. More importantly, your tax identification information is your own company property that should always be legally protected. It is your business, and your tax information is your company property. Customers cannot legally request it. Moreover, it is incumbent on the tax information owner to protect it. It is a tax credit that belongs to the content producer, which is exactly how the non-employer employer will use the information.
