Determination of employee status is a relatively straightforward application of common law doctrines of agency. Case concerns the ownership of photographs of jewerly. The photographer is characterized as an independent contractor. Determination of agency requires weighing several factors. According to court, REID does not establish any dispositive factor.
Defendant claims sole authorship to prevent plaintiff from using another playwright.
Plaintiff claims joint authorship to allow subsequent use. Evidence of parties understanding in creating a contract to create office software program is relevant to determination of copyright ownership. Producer of special effects footage can license other uses, but cannot sue movie producer for copyright infringement. Author is one who originates expression and fixes idea in tangible form. The definition of authorship reflects the conflicting interests of authors and publishers.