Community for Creative Non-Violence v. Reid
Encyclopedia
Community for Creative Non-Violence v. Reid, 490 U.S. 730 (1989), was a United States Supreme Court
case regarding ownership of copyright
.
, Community for Creative Non-Violence, was a non-profit organization that wanted to bring attention to the problem of homelessness. They solicited a sculpture
from the defendant
, James Earl Reid, specifying that they desired a depiction of homeless people in a nativity
set-up with specific wording on the sculpture. The plaintiffs also agreed to make the base, suggested people to use as models, and suggested changes throughout the process. Neither party raised the issue of copyright, nor did the parties put anything about it in writing. Later, the plaintiff claimed to "own" the work, and sought to claim possession of it from the defendant.
" doctrine such that plaintiff can be deemed the author of the work for copyright purposes?
, noted that there are two distinct categories of persons to whom the work-for-hire doctrine applies: employees, or contractor for nine specific types of work, with written acknowledgment. Congress having left out a definition, "employee" was understood to be common-law master-and-servant definition. The Court then looked to traditional factual determinations about the relationship between the parties (hired party’s control over accomplishment of the task; provision of tools; right of artist to employ his own helpers; whether creation was in hirer’s line of business; hirer’s control over when and how long hired party is to work; method of payment; tax treatment of the hired party, etc.). Based on this examination, the Court found that the defendant fell into neither category, so the work was not work-for-hire. Remanded to determine if it is a joint work.
of CCNV died. The parties subsequently filed a “Joint Motion for Entry of Consent Judgment.” The consent judgment has the following terms:
Community for Creative Non-Violence v. Reid, 1991 WL 415523 (D.D.C. 1991).
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case regarding ownership of copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
.
Facts
The plaintiffPlaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
, Community for Creative Non-Violence, was a non-profit organization that wanted to bring attention to the problem of homelessness. They solicited a sculpture
Sculpture
Sculpture is three-dimensional artwork created by shaping or combining hard materials—typically stone such as marble—or metal, glass, or wood. Softer materials can also be used, such as clay, textiles, plastics, polymers and softer metals...
from the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
, James Earl Reid, specifying that they desired a depiction of homeless people in a nativity
Nativity scene
A nativity scene, manger scene, krippe, crèche, or crib, is a depiction of the birth of Jesus as described in the gospels of Matthew and Luke...
set-up with specific wording on the sculpture. The plaintiffs also agreed to make the base, suggested people to use as models, and suggested changes throughout the process. Neither party raised the issue of copyright, nor did the parties put anything about it in writing. Later, the plaintiff claimed to "own" the work, and sought to claim possession of it from the defendant.
Issue
Does the work fall under the "work-for-hireWork for hire
A work made for hire is an exception to the general rule that the person who actually creates a work is the legally recognized author of that work...
" doctrine such that plaintiff can be deemed the author of the work for copyright purposes?
Opinion of the Court
The Court, in an opinion by Justice Thurgood MarshallThurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
, noted that there are two distinct categories of persons to whom the work-for-hire doctrine applies: employees, or contractor for nine specific types of work, with written acknowledgment. Congress having left out a definition, "employee" was understood to be common-law master-and-servant definition. The Court then looked to traditional factual determinations about the relationship between the parties (hired party’s control over accomplishment of the task; provision of tools; right of artist to employ his own helpers; whether creation was in hirer’s line of business; hirer’s control over when and how long hired party is to work; method of payment; tax treatment of the hired party, etc.). Based on this examination, the Court found that the defendant fell into neither category, so the work was not work-for-hire. Remanded to determine if it is a joint work.
Later developments
While the case was pending on remand, Mitch SnyderMitch Snyder
Mitch Snyder was an American advocate for the homeless. He was the subject of a made-for-television 1986 biopic, Samaritan: The Mitch Snyder Story, starring Martin Sheen.-History:...
of CCNV died. The parties subsequently filed a “Joint Motion for Entry of Consent Judgment.” The consent judgment has the following terms:
- Reid was the author of Third World America and solely owned the copyrights to three-dimensional copies of the work, but Reid agreed to certain restrictions on how three-dimensional copies presented the work.
- CCNV solely owned the physical copy of the sculpture.
- CCNV and Reid were co-owners of two-dimensional copies of the work. The consent specified certain restrictions on how both parties could authorize displays of the two-dimensional copies.
Community for Creative Non-Violence v. Reid, 1991 WL 415523 (D.D.C. 1991).
See also
- List of United States Supreme Court cases, volume 490
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court
