Recent Development by D. Boyle
In fall 1985 the Community for Creative Non-Violence (CCNV), through its agent Mitch Snyder, contacted James Earl Reid, a sculptor, to produce a statue dramatizing the plight of the homeless for the annual Christmas “Pageant of Peace” in Washington, D.C. CCNV conceived the idea of the statue, entitled “Third World America,” as representing a modern nativity scene in which the traditional icons were replaced by a black homeless couple huddled with their baby and shopping cart on a sidewalk steam grate. The parties agreed that CCNV would construct the steam grate, and Reid would work exclusively on the statue, donating his services. On December 24, 1985, Reid delivered the statue to Washington, where it was connected to the steam grate pedestal prepared by CCNV and placed on display near the pageant. After being on exhibit for a month, the statue was returned by CCNV to Reid's studio for minor repairs, during which time Snyder began making plans to take the work on a national gallery tour to raise funds for the homeless. Reid objected to the tour because of the statue's delicate construction and refused to return the sculpture. After Reid and Snyder filed competing certificates of copyright registration, CCNV commenced a suit against the artist for return of “Third World America” and a determination of copyright ownership. The district court granted CCNV a preliminary injunction, maintaining that the statue is a “work made for hire” under section 101(1) of the Copyright Act of 1976 (the Act), with copyright ownership vesting exclusively with CCNV. The United States Court of Appeals for the District of Columbia reversed, reasoning that section 101(2) controls because, under agency law, Reid was an independent contractor. The United States Supreme Court unanimously affirmed the circuit court's judgment and held that the statue is not a work for hire because under agency principles Reid acted as an independent contractor, not as an employee, and the conditions of section 101(2) “clearly” were not fulfilled. Community for Creative Non-Violence v. Reid, 109 S. Ct. 2166 (1989).
About the Author
D. Boyle.
Citation
64 Tul. L. Rev. 1709 (1990)