Community For Creative Non-Violence v. Reid

846 F.2d 1485 (D.C. Cir. 1988)

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Nature of the Case

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Facts

P had an idea for a sculpture. P was referred to D and D agreed to create the work that P had formulated. D was to complete the work for no more than $15,000 at cost but that D 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 D. 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 D was paid the remainder of his monies. It was returned to D for minor repairs, and when P began making plans to display the work around the country, D urged for a bronze version to be produced or to create a master mold for $5,000. P declined and asked for the work back. D refused and filed a copyright registration. P filed one as well. CCNV (P) then sued Reid (D) for the determination of copyright ownership. The lower court ruled that it was a work made for hire. D appealed.