Community for Creative Non-Violence v. Reid (1989)

Who owns a commissioned artwork? The Court said: first, ask if the creator is an employee under common-law agency factors. If yes, the employer owns it when made in the job. If no, it is not a work made for hire unless there is a written agreement and the work fits a listed category. Here, the sculptor worked as an independent contractor. So, absent a proper work-for-hire writing, the artist kept the copyright. Any claim of joint authorship needs real creative contributions by both sides.

• Employee vs. independent contractor is decided by agency factors.
• No written work-for-hire agreement → default author is the creator.
• Collaboration can support joint authorship, but facts must show it.

1. Does an artist keep copyright in a commissioned sculpture when there is no written work-for-hire agreement?
2. Was the sculptor an employee or an independent contractor under common-law agency principles?
3. Do the commissioning party’s inputs make them a joint author?

• Work Made for Hire (Copyright Act 1976): Employer is the author for works by employees within scope; or for certain commissioned categories with a written agreement.
• Common-law agency factors: right to control, skill required, source of tools, location, duration, benefits, tax treatment, method of payment, hired party’s role in hiring assistants.
• Joint authorship: Two or more authors intend to merge their copyrightable contributions into one work.

The Court held that Reid was not an employee. The sculpture was not a work made for hire because there was no written agreement and the commission did not meet the statute’s listed categories with a proper writing. Therefore, Reid retained copyright. Any CCNV claim to co-ownership depends on proof of joint authorship standards.

Employee? Decide with agency factors. If yes and within scope, employer is author. If not, a commissioned work is owned by the creator unless a written work-for-hire deal applies to a listed category. Suggestions and oversight alone do not convert a contractor into an employee.

• Clarifies ownership of commissioned works in creative fields.
• Encourages clear written contracts before work begins.
• Provides a practical checklist using agency factors.

1. Without a proper writing, most commissioned works are not works for hire.
2. Agency factors decide employee status, not labels.
3. Control, tools, location, duration, and payment style all matter.
4. Joint authorship needs copyrightable input and intent to merge contributions.

Mnemonic: R-E-I-D = Right to control, Employee test, Inked writing, Default to creator

1. Right to control? Use agency factors.
2. Employee or contractor? Decide with evidence.
3. Inked writing? If none, default author is the creator.

Work Made for Hire

A work authored by the employer (employee within scope) or by contract for listed categories with a written agreement.

Agency Factors

Legal checklist to decide employee vs. contractor status.

Joint Authorship

Two or more authors combine copyrightable contributions with intent to create one work.