CASE ANALYSIS

Case Analysis

Case Analysis

Introduction

The main purpose of this paper is to analyze the case study of Community for Non-Violence v. Reid, 490 U.S. 730 (1989).

Case Background

In 1985, the community for creative non-violence (CCNV) has petitioned a case. The organization has been dedicated to work for the elimination of homelessness. The case is about an artist hired by the organization for the production of sculptures and had been victimized of the ownership of copyright in his work. The CCNV is the petitioner of this case and the case is about the ownership of the copyright. The plaintiff has asked the artist Reid to prepare a sculpture of homeless people in order to raise the funds. The artist has started developing the statue and all it was done without any written agreement. During the work, none of the party claimed the rights of copyright in this work. Later on, the plaintiff came to court claiming the ownership of the statue and desired the possession of the statue. This case is a very common case and there are different cases in the history regarding the issue of copyright and ownership. In such cases, the decisions of courts are different on different occasions. The ownership and the copyright cases are solved under the Copy Right Act (Alias, 2004, 90).

Analysis of Current Implications of Case

In this case the court has identified the two different categories of people on which the work-for-hire doctrine applies. The first category is the category of employees, and the second category is the category of contractors used for doing different types of works. The court has specified the different traditional factual determinations and identified the nature of relationship which existed between these two parties. Thus, after conducting a thorough analysis the court has identified that the parties do not belong to any group in this case. The artist in this case was an independent contractor. The contractor who has used all his own tools and did not use the company's premises to work (Cohen, 1997, 56). The salary of the contractor was also based on the successful completion of his work. Therefore, the court has made the decision that this work was not a work-for-hire.

This decision of the court can have different implications on the current business laws. This decision can have a great impact on the current business laws. As per the Copyright law, there is a protection of the 75 years for the work which has been registered for copy right. In this case, the work has not been registered in the copy right; therefore, the court has analyzed the different situations like the type and category of individuals involved in the case. Therefore, it can be said that this case can bring an effect on the current business practices as it has brought the discussion of the cases in which there was no involvement of the contract of any copyright condition (Boynton, 2004, 25). Thus, this case can be solved in accordance with the copyright ...