1. Was Reid an independent contractor or an employee? What “test” did the Court apply in deciding this issue?

2. What is the legal effect of classifying Reid as an independent contractor or an employee for purposes of the Copyright Act?

3. What issue did the Court remand to the trial court for further determination?

OPINION: MARSHALL, J. 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 and in particular, the provision in § 101, which defines as a “work made for hire” a “work prepared by an employee within the scope of his or her employment.”