16.63 Elements of Defense: Creative Professional Exemption is a section of the U.S. Copyright Act that outlines the type of work that is exempt from copyright protection. This exemption allows certain professionals, such as authors, artists, musicians, and photographers, to use their creative works without fear of copyright infringement. It includes four distinct types of exemptions: limited duration, limited scope, limited audience, and limited purpose. Limited duration allows a professional to use their creative works for a predetermined duration. Limited scope allows a professional to use their works for a specific purpose within a given scope. Limited audience allows a professional to limit the audience to whom the works are available. Limited purpose allows a professional to limit the purpose for which the works are being used. This exemption is intended to protect the rights of professionals while also allowing them to make creative works available to the public.
16.63 ELEMENTS OF DEFENSE: CREATIVE PROFESSIONAL EXEMPTION
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How to fill out 16.63 ELEMENTS OF DEFENSE: CREATIVE PROFESSIONAL EXEMPTION?
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Executive, administrative, professional and outside sales employees: (as defined in Department of Labor regulations) and who are paid on a salary basis are exempt from both the minimum wage and overtime provisions of the FLSA.
A few employers, including small farms?those that use relatively little outside paid labor?are explicitly exempt from the FLSA. Many airline employees are exempt from the FLSA's overtime provisions. And most companions for the elderly are exempt from both minimum wage and overtime provisions.
Invention, Imagination, Originality or Talent This requirement distinguishes the creative professions from work that primarily depends on intelligence, diligence and accuracy. Exemption as a creative professional depends on the extent of the invention, imagination, originality or talent exercised by the employee.
Highly compensated employees performing office or non-manual work and paid total annual compensation of $100,000 or more (which must include at least $455 per week paid on a salary or fee basis) are exempt from the FLSA if they customarily and regularly perform at least one of the duties of an exempt executive,
An employee is covered by the FLSA if he or she is engaged in interstate commerce or in the production of goods for interstate commerce.
(a) To qualify for the creative professional exemption, an employee's primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor as opposed to routine mental, manual, mechanical or physical work.
In most cases, there are three simple requirements to determine whether a worker is an exempt employee under California law: Minimum Salary. The employee must be paid a salary that is at least twice the state minimum wage for full-time employment.White Collar Duties.Independent Judgment.
Key Takeaways. An exempt employee is an employee who does not receive overtime pay or qualify for minimum wage. Exempt employees are paid a salary rather than by the hour, and they work in professional, administrative, executive, outside sales, and computer-related fields.