Question
Slyrazzi, has been working with Foulmouth Tabloid (FT), taking pictures of celebrities. FT pays Slyrazzi a reg ular paycheck (subject to withholding all relevant employee
Slyrazzi, has been working with Foulmouth Tabloid ("FT"), taking pictures of celebrities. FT pays Slyrazzi a regular paycheck (subject to withholding all relevant employee taxes). FT assigns Slyrazzi to "capture" specified celebrities and also instructs Slyrazzi to photograph celebrities if the opportunity arises by chance during another assignment. FT provides Slyrazzi access to equipment, reimburses his expenses, and helps with logistics. Slyrazzi discusses matters with editors in general terms but has great discretion in fulfilling his duties. Slyrazzi's work hours are largely set by FT, although Slyrazzi still fits-in other jobs before or after his assigned hours. Slyrazzi has a one year employment contract, which does not contain a clause assigning copyright in Slyrazzi's photos to FT. One day after finishing up a speedy burrito from Taco Cabana, Slyrazzi, using great creativity, captures a great photo of Katie Holmes and Tom Cruise's daughter Suri wearing Christian Louboutin high heels. Who owns the copyright in the photo?
Group of answer choices
Slyrazzi, because of his selection, arrangement and coordination in taking the photo.
FT, because Slyrazzi is an independent contractor.
Slyrazzi, because he is an employee, not an independent contractor.
FT, because Slyrazzi's photo is a work for hire
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