Community For Creative Non-Violence v. Reid

490 U.S. 730 (1989)

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Nature of the Case

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Facts

CCNV had an idea for a sculpture. CCNV was referred to Reid and Reid agreed to create the work that CCNV had formulated. Reid was to complete the work for no more than $15,000 at cost but that Reid was to donate his own services. There was no written agreement, and there was no mention of copyright. Eventually, the statue was completed after six weeks of exclusive work by Reid. During this creative period, there was collaboration and feedback and ideas put forward as to how the sculpture should look. It was delivered and displayed, and Reid was paid the remainder of his monies. It was returned to Reid for minor repairs, and when CCNV began making plans to display the work around the country, Reid urged for a bronze version to be produced or to create a master mold for $5,000. CCNV declined and asked for the work back. Reid refused and filed a copyright registration. CCNV filed one as well. CCNV (P) then sued Reid (D) for determination of copyright ownership. The lower court ruled that it was a work made for hire. D appealed. The Court of Appeals reversed; it may have been jointly created and should be remanded to determine that issue. The Supreme Court granted certiorari.