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Discussion # 6: Creators earning money directly from IMVU
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SirenaRoga 18+ Age Verified

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PostPosted: Sun Apr 12, 2015 4:01 am    Post subject: Reply with quote

songzplz wrote:
LadyKonstantine wrote:
Question - Whys it always the American government that screw the rest of us over?

Thanks America! Very Happy



America has done right for me, YAY USA!! Wink

PS Americans pay TAXES to take care of AMERICANS...an the rest of the world apperently..


If you don't want to pay American taxes then don't deal with an American company.
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PostPosted: Sun Apr 12, 2015 4:02 am    Post subject: Re: Obviously IMVU fails at negotiations. Reply with quote

Castien wrote:
Mewcifer wrote:
Castien wrote:

5. Allow for the permanent deletion of our creations from catalog for copyright safety when we decide we hate your guts and wish to leave (while still allowing those who purchased to enjoy them).


That's called hiding the product.


It still remains in catalog when hidden. It's just not visible. Basically, I want it in writing that they have no rights to any product not visible.


I believe that right was signed away with long ago Creator Agreements. They have the right to use our items as pleased. I do worry those who mass hide might come to find the items re-assigned as visible later on. . .

[ Like not ever notifying you one of your items is in a freebie start package as they did to me. Or not letting you know an item would be in a promo deal - so if you change it at all they ban you. Did that to my friend. ]

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PostPosted: Sun Apr 12, 2015 4:02 am    Post subject: Reply with quote

omg ppl now stop beeing so naive.... this was imvu buisness made decision lol . they decided to make more cash cant really blame them on that they want too lol this is there buisness how ever its been done without caring much about users, now to be able to do so they had to get rid of the resellers obviously so they can controll the credit and its value again , and they could not do so without starting to pay taxes.. and THIS is where the IRS and tax law comes in .. is not a rocket sience what happened here lol they decided it some time last year that this will happen and they should go for it .. looked in to what they need to do and bam here we are down the road.
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PostPosted: Sun Apr 12, 2015 4:03 am    Post subject: Reply with quote

SirenaRoga wrote:
songzplz wrote:
LadyKonstantine wrote:
Question - Whys it always the American government that screw the rest of us over?

Thanks America! Very Happy



America has done right for me, YAY USA!! Wink

PS Americans pay TAXES to take care of AMERICANS...an the rest of the world apperently..


If you don't want to pay American taxes then don't deal with an American company.


Put a little harsh but . . . That's the idea. If you want to involve your work in a US based company expect US based regulations and so on.
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PostPosted: Sun Apr 12, 2015 4:03 am    Post subject: Reply with quote

Caifornia Labor information for contract labor

Independent contractor versus employee


Not all workers are employees as they may be volunteers or independent contractors. Employers oftentimes improperly classify their employees as independent contractors so that they, the employer, do not have to pay payroll taxes, the minimum wage or overtime, comply with other wage and hour law requirements such as providing meal periods and rest breaks, or reimburse their workers for business expenses incurred in performing their jobs. Additionally, employers do not have to cover independent contractors under workers’ compensation insurance, and are not liable for payments under unemployment insurance, disability insurance, or social security.

The state agencies most involved with the determination of independent contractor status are the Employment Development Department (EDD), which is concerned with employment-related taxes, and the Division of Labor Standards Enforcement (DLSE), which is concerned with whether the wage, hour and workers’ compensation insurance laws apply. There are other agencies, such as the Franchise Tax Board (FTB), Division of Workers’ Compensation (DWC), and the Contractors State Licensing Board (CSLB), that also have regulations or requirements concerning independent contractors. Since different laws may be involved in a particular situation such as a termination of employment, it is possible that the same individual may be considered an employee for purposes of one law and an independent contractor under another law. Because the potential liabilities and penalties are significant if an individual is treated as an independent contractor and later found to be an employee, each working relationship should be thoroughly researched and analyzed before it is established.

There is a rebuttable presumption that where a worker performs services that require a license pursuant to Business and Professions Code Section 7000, et seq., or performs services for a person who is required to obtain such a license, the worker is an employee and not an independent contractor. Labor Code Section 2750.5
1. Q. How do I know if I am an employee or an independent contractor?

A. There is no set definition of the term "independent contractor" and as such, one must look to the interpretations of the courts and enforcement agencies to decide if in a particular situation a worker is an employee or independent contractor. In handling a matter where employment status is an issue, that is, employee or independent contractor, DLSE starts with the presumption that the worker is an employee. Labor Code Section 3357. This is a rebuttable presumption however, and the actual determination of whether a worker is an employee or independent contractor depends upon a number of factors, all of which must be considered, and none of which is controlling by itself. Consequently, it is necessary to closely examine the facts of each service relationship and then apply the law to those facts. For most matters before the Division of Labor Standards Enforcement (DLSE), depending on the remedial nature of the legislation at issue, this means applying the "multi-factor" or the "economic realities" test adopted by the California Supreme Court in the case of S. G. Borello & Sons, Inc. v Dept. of Industrial Relations (1989) 48 Cal.3d 341. In applying the economic realities test, the most significant factor to be considered is whether the person to whom service is rendered (the employer or principal) has control or the right to control the worker both as to the work done and the manner and means in which it is performed. Additional factors that may be considered depending on the issue involved are:

1. Whether the person performing services is engaged in an occupation or business distinct from that of the principal;
2. Whether or not the work is a part of the regular business of the principal or alleged employer;
3. Whether the principal or the worker supplies the instrumentalities, tools, and the place for the person doing the work;
4. The alleged employee’s investment in the equipment or materials required by his or her task or his or her employment of helpers;
5. Whether the service rendered requires a special skill;
6. The kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the principal or by a specialist without supervision;
7. The alleged employee’s opportunity for profit or loss depending on his or her managerial skill;
8. The length of time for which the services are to be performed;
9. The degree of permanence of the working relationship;
10. The method of payment, whether by time or by the job; and
11. Whether or not the parties believe they are creating an employer-employee relationship may have some bearing on the question, but is not determinative since this is a question of law based on objective tests.

Even where there is an absence of control over work details, an employer-employee relationship will be found if (1) the principal retains pervasive control over the operation as a whole, (2) the worker’s duties are an integral part of the operation, and (3) the nature of the work makes detailed control unnecessary. (Yellow Cab Cooperative v. Workers Compensation Appeals Board (1991) 226 Cal.App.3d 1288)
Other points to remember in determining whether a worker is an employee or independent contractor are that the existence of a written agreement purporting to establish an independent contractor relationship is not determinative (Borello, Id.at 349), and the fact that a worker is issued a 1099 form rather than a W-2 form is also not determinative with respect to independent contractor status. (Toyota Motor Sales v. Superior Court (1990) 220 Cal.App.3d 864, 877)

2. Q. The person I work for tells me that I am an independent contractor and not an employee. He does not make any payroll deductions or withholdings for taxes, social security, etc., when he pays me, and at the end of the year he provides me with an IRS form 1099 rather than a W-2. By paying me in this manner does it mean I am automatically an independent contractor?

A. No. The fact that a person who provides services is paid as an independent contractor, that is, without payroll deductions and with income reported by an IRS form 1099 rather than a W-2, is of no significance whatsoever in determining employment status. Your employer cannot change your status from that of an employee to one of an independent contractor by illegally requiring you to assume a burden that the law imposes directly on the employer, that being, withholding payroll taxes and reporting such withholdings to the taxing authorities.

3. Q. Does it make any difference if I am an employee rather than an independent contractor?

A. Yes, it does make a difference if you are an employee rather than an independent contractor. California’s wage and hour laws (e.g., minimum wage, overtime, meal periods and rest breaks, etc.), and anti-discrimination and retaliation laws protect employees, but not independent contractors. Additionally, employees can go to state agencies such as DLSE to seek enforcement of the law, whereas independent contractors must go to court to settle their disputes or enforce other rights under their contracts.

4. Q. When I started my current job my employer had me sign an agreement stating that I am an independent contractor and not an employee. Does this mean I am an independent contractor?

A. No. The existence of a written agreement purporting to establish an independent contractor relationship is not determinative. The Labor Commissioner and courts will look behind any such agreement in order to examine the facts that characterize the parties’ actual relationship and make their determination as to employment status based upon their analysis of such facts and application of the appropriate law.

5. Q. How can it be that the Labor Commissioner determined I was an employee with respect to a wage claim I filed and won, and the Employment Development Department (EDD) determined I was an independent contractor, and denied my claim for unemployment insurance benefits?

A. There is no set definition of the term "independent contractor" for all purposes, and the issue of whether a worker is an employee or independent contractor depends upon the particular area of law to be applied. For example, in a wage claim where employment status is an issue, DLSE will often use the five-prong economic realities test to decide the issue. However, in a separate matter before a different state agency with the same parties and same facts, and employment status again being an issue, that agency may be required to use a different test, for example, the "control test," which may result in a different determination. Thus, it is possible that the same individual will be considered an employee for purposes of one law and an independent contractor under another.

6. Q. As an employer, what obligations do I have to purchase Workers’ Compensation Insurance or comply with other labor laws for persons classified as independent contractors?

A. Employers often improperly classify their employees as independent contractors to avoid paying payroll taxes, minimum wage or overtime, or complying with other wage and hour requirements such as providing meal periods and rest breaks, etc. Additionally, employers do not have to cover independent contractors under Workers’ Compensation Insurance. However, because potential liabilities and penalties are significant it is important that each working relationship be thoroughly researched and analyzed before classifying an individual as an independent contractor and not an employee. You should understand that the DLSE presumes that the worker is an employee (Labor Code Section 3357). However, the actual determination of whether a worker is an employee or independent contractor depends upon a number of factors which must be considered. Consequently, it is necessary to closely examine the facts of each relationship and then apply the law to those facts. The most significant factor to be considered is whether the person to whom service is rendered (the employer or principal) has control or the right to control the worker, the work to be done and the manner and means in which it is performed.

read more here... http://www.dir.ca.gov/dlse/faq_independentcontractor.htm

My Question is what are we Employees or Contract Labor? and why haven't we been paid? and why are we paying imvu to submit our textures and mesh's where's our benefits? Who's law are we going by here imvu random or the law that says we have rights especially in our personal and business relationships. when your in business for yourself you manage everything taxes included if you believe you have to... so why is it so damn important you give up those rights and receive absolutely nothing in return????? I'm not tell no one they don't have to pay i said it's voluntary that is correct look it up. if some thing is voluntary that means it's a choice.. IRS isn't giving people the choice they are bullying people and we have opportunity to not let that happen here. consider cutting off their cash flow if they cant listen with there ears let them cry with empty bank accounts.. don't fight fair fight down and dirty just like them with a better strategy.. and report imvu's abuse of stolen products being sold on disabled account for copyright theft as imvu hasn't ever obtained in writing from me an transfer of copyright to any mesh or textures i've created and submitted here and until they do I'm the sole owner and the only one that can make money from it. this is why imvu removed the trigger music it was violation of the very law they are currently in violation of. look at all the accounts with products for sale on disabled accounts... that's theft because when your disabled you cant even access your homepage or creator reports. Further more look at the numbers we lost every time imvu stick there head up where they cant breath and choke the life out of us that have stayed supported them now imvu is hurting for money they are now lieing as to this being what they have to make the community do. people have right to sell what they earn to whom ever they choose and a reseller that buys credits from an creator that is also their choice unless we are employees and imvu is going to start paying us for mesh and textures and obtaining proper copyright to the products or close those catalogs until they are restored. and the owner notified and paid back the balance he/she is owed. stop letting them run over us like we are no count..
i love imvu i'll fight to keep it alive is why i pay vip an support them where i can but this is slap an spit in our face. we stop if when we hide catalogs suck up the losses an let imvu hear us loud an clear we rule this sight with out us they are nothing but jobless. if we fall they fall harder if you want my account imvu it's gonna cost you big... i've done alot of work over the years and i'm preparing to stand with my fellow creators before i give up my Rights to anyone
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PostPosted: Sun Apr 12, 2015 4:04 am    Post subject: Reply with quote

songzplz wrote:
LadyKonstantine wrote:
Question - Whys it always the American government that screw the rest of us over?

Thanks America! Very Happy



America has done right for me, YAY USA!! Wink

PS Americans pay TAXES to take care of AMERICANS...an the rest of the world apperently..



Americans take care of me? Really since when??
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PostPosted: Sun Apr 12, 2015 4:06 am    Post subject: Re: Obviously IMVU fails at negotiations. Reply with quote

Castien wrote:
Mewcifer wrote:
Castien wrote:

5. Allow for the permanent deletion of our creations from catalog for copyright safety when we decide we hate your guts and wish to leave (while still allowing those who purchased to enjoy them).


That's called hiding the product.


It still remains in catalog when hidden. It's just not visible. Basically, I want it in writing that they have no rights to any product not visible.


By signing the creator agreement you gave IMVU an in perpetuity license to use your product. So there's no reason for them to agree to this.
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PostPosted: Sun Apr 12, 2015 4:06 am    Post subject: Re: Obviously IMVU fails at negotiations. Reply with quote

Lollirot wrote:
Castien wrote:
Mewcifer wrote:
Castien wrote:

5. Allow for the permanent deletion of our creations from catalog for copyright safety when we decide we hate your guts and wish to leave (while still allowing those who purchased to enjoy them).


That's called hiding the product.


It still remains in catalog when hidden. It's just not visible. Basically, I want it in writing that they have no rights to any product not visible.


I believe that right was signed away with long ago Creator Agreements. They have the right to use our items as pleased. I do worry those who mass hide might come to find the items re-assigned as visible later on. . .

[ Like not ever notifying you one of your items is in a freebie start package as they did to me. Or not letting you know an item would be in a promo deal - so if you change it at all they ban you. Did that to my friend. ]



That is exactly why I included revoking IMVU's right to creator products as one of the mandatory changes of policy to make this fair.

@Lollirot I love your products, incidentally. I've been shopping with you on my alt account since joining 7 years back. You're one of my top recommended sellers for female gear.
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PostPosted: Sun Apr 12, 2015 4:06 am    Post subject: Reply with quote

ANDZELICA wrote:
omg ppl now stop beeing so naive.... this was imvu buisness made decision lol . they decided to make more cash cant really blame them on that they want too lol this is there buisness how ever its been done without caring much about users, now to be able to do so they had to get rid of the resellers obviously so they can controll the credit and its value again , and they could not do so without starting to pay taxes.. and THIS is where the IRS and tax law comes in .. is not a rocket sience what happened here lol they decided it some time last year that this will happen and they should go for it .. looked in to what they need to do and bam here we are down the road.


I think you are lacking understanding in what the IRS is in the US and how it works. These laws are rather binding --- not only IMVU is going thru this and it is in fact REQUIRED of them. As it was of Second Life and so on; who also made all these same changes. No more resellers, tax forms required for payouts, etc.
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PostPosted: Sun Apr 12, 2015 4:06 am    Post subject: Reply with quote

LadyKonstantine wrote:
Question - Whys it always the American government that screw the rest of us over?

Thanks America! Very Happy


*Mod Hat Off*

Yeah, the 30% withholding is in case you are American. Providing those tax forms proves we are not American. If they don't have proof that we're not American, they will assume we are as we earned money through an American business.

It's annoying, but I'd rather submit the forms, prove I am British, and then not have 30% of my earned money go to the American tax authorities who have no right to have it. If my money needs to be taxed (may or may not, I could end up keeping it all), HM Revenues and Customs (the British tax authorities) should do it.

(I say this, though I do not earn money from IMVU, I only earn credits... but you guys know what I mean Razz)

So, yeah, looks like the US is clamping down so hard on tax evasion, they will automatically assume any one earning money from a US company (like IMVU) is American - and we have to prove them otherwise.
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PostPosted: Sun Apr 12, 2015 4:07 am    Post subject: Reply with quote

SirenaRoga wrote:
songzplz wrote:
LadyKonstantine wrote:
Question - Whys it always the American government that screw the rest of us over?

Thanks America! Very Happy



America has done right for me, YAY USA!! Wink

PS Americans pay TAXES to take care of AMERICANS...an the rest of the world apperently..


If you don't want to pay American taxes then don't deal with an American company.


thats just it IM PROUD of what my AMERICA an the TAXES has done all the programs they provide for AMERICANS
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PostPosted: Sun Apr 12, 2015 4:09 am    Post subject: Reply with quote

songzplz wrote:
SirenaRoga wrote:
songzplz wrote:
LadyKonstantine wrote:
Question - Whys it always the American government that screw the rest of us over?

Thanks America! Very Happy



America has done right for me, YAY USA!! Wink

PS Americans pay TAXES to take care of AMERICANS...an the rest of the world apperently..


If you don't want to pay American taxes then don't deal with an American company.


thats just it IM PROUD of what my AMERICA an the TAXES has done all the programs they provide for AMERICANS



You mean like the universal health care...Oh wait...wrong country
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PostPosted: Sun Apr 12, 2015 4:09 am    Post subject: Re: Obviously IMVU fails at negotiations. Reply with quote

Castien wrote:
@Lollirot I love your products, incidentally. I've been shopping with you on my alt account since joining 7 years back. You're one of my top recommended sellers for female gear.


- Wiggle blush - Why thank you. Sadly, until there are better answers such as if we may withdraw any designated by self amount over $50 . . . I am unable to for the time being create here. ;[
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PostPosted: Sun Apr 12, 2015 4:10 am    Post subject: Reply with quote

Lollirot wrote:
SirenaRoga wrote:
songzplz wrote:
LadyKonstantine wrote:
Question - Whys it always the American government that screw the rest of us over?

Thanks America! Very Happy



America has done right for me, YAY USA!! Wink

PS Americans pay TAXES to take care of AMERICANS...an the rest of the world apperently..


If you don't want to pay American taxes then don't deal with an American company.


Put a little harsh but . . . That's the idea. If you want to involve your work in a US based company expect US based regulations and so on.


sorry but that lady totally twisted words around LOL, i earn a income an pay my taxes an im proud to do so
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PostPosted: Sun Apr 12, 2015 4:11 am    Post subject: Reply with quote

SinfulBelle wrote:
songzplz wrote:
SirenaRoga wrote:
songzplz wrote:
LadyKonstantine wrote:
Question - Whys it always the American government that screw the rest of us over?

Thanks America! Very Happy



America has done right for me, YAY USA!! Wink

PS Americans pay TAXES to take care of AMERICANS...an the rest of the world apperently..


If you don't want to pay American taxes then don't deal with an American company.



thats just it IM PROUD of what my AMERICA an the TAXES has done all the programs they provide for AMERICANS



You mean like the universal health care...Oh wait...wrong country


PEACE keepin dont come free YES im proud of the ppl who served an is our TAXES that make it possible
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