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Underaged

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7 comments, last by Cameron 22 years, 9 months ago
Hi, Is it possible to work with someone under the age of 18 legally? I ask this because I am paying two young talented people to design a website for an upcoming game which would mean that it is a fraction of the cost of a professional designer. I am aware that a person under the age of 18 can''t be held accountable to a contract. I also know that it might seem very unprofessional to do this but they are very talented and in my opinion match any professional designer''s skills. Here are my questions: - For a simple web-development service, with a flat fee and no more complications than that, is some type of legal document required? - If some type of legal document is required, can I pay their parent and make a contract with them? As far as we are concerned, I am working with the parent and if they chose to have their young teens complete the task and pay them, that is none of my concern. Would this work? I simply want to make positive that the contract ensures that the flat fee is being given in return for the service and nothing more. No further claims in the future. I would really appreciate any help Thanks alot
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Let their parents sign the contract. That''s it.

My companies website: www.nielsbauergames.com

"they are very talented and in my opinion match any professional designer''s skills"

Then you should pay them what they are worth instead of ripping them off.

You should also talk to a lawyer who can answer your questions for you properly (we are not lawyers and it wouldn''t be wise to go on information gained from a web forum).

Dan Marchant
Obscure Productions
Dan Marchant - Business Development Consultant
www.obscure.co.uk
quote: Original post by Obscure
Then you should pay them what they are worth instead of ripping them off.


I don''t call 300-500 dollars for a very small website a rip-off.

Also, if I was gonna fully pay the same amount as a pro, why go through all this trouble of lawyers, working with parents, etc.? I''ll just contact any of thousands of webdesigners on the internet and pay them, get an invoice and have things done the easy way.... Doesn''t make much sense does it?

As for posting here, I know that there have been people here with legal expertise as I''ve seen their posts before. Maybe not a lawyer, but some knowledge on such issues. If I get an affirmitive response, I will then contact a lawyer to make sure but if someone here already knows that this is not a good idea, then that would be much easier. When I post questions, I really appreciate the help and the replies but that doesn''t mean I''m gonna base the whole decision on it. It helps me go towards the right ballpark.


Thanks alot


Can''t their parents co-sign?
For german law its 100% enough if their parents sign. For US law I am 99% sure its enough.

My companies website: www.nielsbauergames.com

Labor laws are often pretty locality specific. I can say some general things about this, but you really need to consult a local lawyer with labor experience.

I would be pretty wary of hiring an underage kid as a contract employee, because I suspect that they might retain intellectual property (copyright, in this case) rights to whatever they produced for you. This is because any contract they sign is not binding, as you know. I''m also doubtful that a parent has the authority sign over the child''s intellectual properties. You would need to check that. They might come back in a couple of years demanding more money if your game really takes off, in any case.

If you pay them by the hour, all this goes away, but then you have to deal with payroll taxes and so on. (In the US, anyway.) Even then, if they''re under 16 you''re still on very shaky ground.

For a worst case example of the consquences you might face, consider the infamous Sears wrench case. A 17-yr old designed a minor improvement to wrenches (IIRC). He sold it to sears for a fairly hefty lump sum, and sears went off and put it on all of their wrenches. A few years later the kid decided he should have gotten a percentage of wrench sales instead, and the courts sided with him. The courts decided that since he wasn''t old enough to sign away his patent rights on the invention, the old contract was invalid and sears needed a new one. Sears ended up paying through the nose in retroactive royalties.

Y''know, there''s a good reason that talented, but underage developers have a hard time landing work.

Thanks alot for all the replies everyone. I guess this is why underaged people can rarely get a job even if they have the talent.

Cheesegrater: What you said was very helpful. I think I am going to avoid this whole situation and work with someone else.

Thanks all
I am 17 and often do "contract" programming work. I call it contract because it''s a one-off unique deal rather than a permanant job. However there is not usually a proper legal contract involved, and this has lead me to being cheated on just once. Sometimes I am paid well and sometimes I am paid below what an over 18 would get. Recently, I have become more aware of the law and make sure that everything is safer and legal with a contract before doing any work.

One good place to do this is www.RentACoder.com where I have got my most recent work from. They have a system where it is impossible for someone to run away without paying and very well stated rules and contracts. They seem to have no problem with my age of 17, so therefore I am assuming a contract between an employer and an under 18 is a legal thing to do (the company is based in Florida and I am in London, UK).

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