Community for Creative Non-Violence v. Reid (1988)
- Docket
- 88-293
- Decided
- 1988-01-01
Summary
Question: Is the making of a sculpture for an organization, by someone who contracts with the organization but is not its employee, a "work made for hire" as defined by the Copyright Act of 1976, 17 U.S.C. Section 101? Conclusion: No. In a unanimous opinion, the Court held that the statue's preparation was not a "work for hire" as defined by the Act because Reid was not a CCNV employee. Instead, CCNV hired Reid as an independent contractor. Reid's independent status was evident because he supplied his own tools, worked in his own studio in another city, was retained for less than two months, decided his own work schedule, received salary that was contingent on the sculpture's completion, and had sole discretion over hiring and paying assistants. Moreover, CCNV did not pay social security taxes for Reid nor did it provide him any employee benefits.