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MARCO v. ACCENT PUB. CO., INC.

No. 91-1972.

969 F.2d 1547 (1992)

Ed MARCO, d/b/a/ Ed Marco Photography v. ACCENT PUBLISHING CO., INC.; Sonia Gilbert; Leif Klein; Lapidary Journal, Inc.; Ed Marco; Gerry J. Elman; Frederic M. Wilf; Elman & Wilf, P.C., Defendants on Counterclaim, Ed Marco, d/b/a Ed Marco Photographer, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 23, 1992.

Rehearing Denied August 28, 1992.

Attorney(s) appearing for the Case

Frederic M. Wilf (argued), Gerry J. Elman, Elman & Wilf, Media, Pa., for appellant.

David M. Ginsberg (argued), Sidney Ginsberg P.C., Philadelphia, Pa., for appellees.

Charles D. Ossola (argued), Hunton & Williams, Washington, D.C., amicus curiae for American Society of Magazine Photographers.

Before: MANSMANN, SCIRICA and ROTH, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

We focus here on the application of agency law in the context of the "work for hire" provision of the Copyright Act of 1976. 17 U.S.C. § 101(1). We find that the district court misapplied agency principles to the facts in holding that a freelance photographer was the employee of a publisher. Because the district court premised the denial of a preliminary injunction on this erroneous conclusion of law, we...

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