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COMMUNITY FOR CREATIVE NON-VIOLENCE v. REID

No. 88-293.

490 U.S. 730 (1989)

COMMUNITY FOR CREATIVE NON-VIOLENCE ET AL. v. REID

Supreme Court of United States.

Decided June 5, 1989

Attorney(s) appearing for the Case

Robert Alan Garrett argued the cause for petitioners. With him on the briefs were Terri A. Southwick and L. Barrett Boss.

Joshua Kaufman argued the cause for respondent. With him on the brief was Jeffrey B. O'Toole.

Lawrence S. Robbins argued the cause for the Register of Copyrights as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Bryson, Deputy Solicitor General Merrill, and Ralph Oman.*

JUSTICE MARSHALL delivered the opinion of the Court.

In this case, an artist and the organization that hired him to produce a sculpture contest the ownership of the copyright in that work. To resolve this dispute, we must construe the "work made for hire" provisions of the Copyright Act of 1976 (Act or 1976 Act), 17 U. S. C. §§ 101 and 201(b), and in particular, the provision in § 101, which defines as a "work made for hire" a "work prepared by an employee...

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