The following chart contains the big three questions. Generally, the more distant the work is to the employees' regular job duties or to the employer's expectations, the less likely the work will be considered within the scope of employment. Generally, the more the employee works at home using his or her own equipment, tools and resources the less likely the work will be deemed to be within the scope of employment. Generally, the more the employee is motivated by self-interest and the broader the market for the work, the less likely the work will be considered within the scope of employment. Sampling of Court Decisions Resolution of copyright ownership disputes often requires review and balancing of intricate and often complex facts.
Every situation is unique.
Here is a sampling of a few court cases. The statue was to dramatize the effects of homelessness. Reid and CCNV never discussed the issue of copyright ownership. During development of the statue, CCNV gave instructions and suggestions about how the statue should look, and Reid accepted most of these directions. After completing the work, CCNV paid Reid in full as agreed.