For Your Data Community For Creative Non-Violence V. Reid Representative Brief

Community for Creative Non-violence v. Reid case brief summary
490 U.S. 730 (1989)

CASE SYNOPSIS

Petitioners, a non-profit scheme that hired respondent creative mortal to arrive at a sculpture, appealed a judgment from the U.S.A. Court of Appeals for the District of Columbia Circuit, which held that the sculpture was non a hold upward made for hire nether the provisions of the Copyright Act of 1976, 17 U.S.C.S. § 101.

CASE FACTS
The U.S. Supreme Court affirmed a judgment which held that a sculpture created yesteryear an creative mortal hired yesteryear an scheme was non a "work made for hire" nether provisions of the Copyright Act of 1976, 17 U.S.C.S. § 101. Petitioners, a non-profit organization, hired respondent creative mortal to arrive at a sculpture of homeless individuals for a Christmas contest.

DISCUSSION

The Court held that under § 101, a hold upward was a hold upward for hire when either the hold upward was prepared yesteryear an employee inside the orbit of his or her occupation or it was included inwards the listing of nine categories of industrial plant enumerated in§ 101.
The Court rejected petitioners' arguments that the hiring party's correct to command or actual command tests should arrive at upward one's heed whether the hold upward was for hire.
The Court stated that because the statute did non define the terms "employer" or "employee," they had to rely on the conventional master-servant human relationship understood yesteryear the mutual law.
Respondent was non an employee given the facts that he was hired solely for 1 specific chore for a express time, worked inwards his ain studio amongst his materials, as well as was a skilled sculptor.
Finding that respondent was an independent contractor; the Court affirmed the judgment.

CONCLUSION
The Court affirmed the judgment as well as held that respondent creative mortal was non an employee inwards the traditional mutual police feel because he was hired for a specific projection for a express time, used his ain studio as well as materials, as well as was a skilled craftsman; thus, the sculpture was non a hold upward made for hire.

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