1. Charlie Bowden was hired by Bobby Jones of XYZ, Inc. to create a computer program for XYZ to use in maintaining records of its cash receipts, inventory, sales, figures, and other data. No agreement was reached as to ownership rights in the program that Bowden de- veloped, called NBSLAC. Bowden did most of his programming at the XYZ office. Although Jones gave Bowden frequent instructions as to what he wanted from the program, Bowden generally worked alone and enjoyed considerable autonomy in his work. He worked fairly regular hours, but he was not always paid by the houroccasionally, he submitted bills (invoices) to XYZ for his work. Bowden never received any employee benefits, such as health insurance, and XYZ never withheld federal and state taxes from Bowden's paycheck; nor did it pay any Social Security taxes on Bowden's earnings. When Jones unilaterally cut Bowden's hours in violation of an alleged oral agreement, Bowden left XYZ and demanded compensation for XYZ's use of NBSLAC. Jones refused to pay Bowden for the program's use and also stated that he would not pay Bowden $14,560 in back wages unless Bowden signed a form releasing all rights in NBSLAC. Bowden then sued Jones and XYZ for copyright infringement, and the court had to decide who owned the copyright in the program. Central to the determination of this issue was whether Bowden was an employee of XYZ or an independent contractor. What should the court decide, and why?