[2] CCNV members visited Reid's Baltimore studio as he made the statue, gave suggestions and directions about its appearance.

The Court of Appeals, District of Columbia Circuit, held the sculpture was not a ‘work made for hire’ because Reid was not an employee, but an independent contractor.

The Court held that common law agency principles should be applied to decide whether a work is made by an employee or an independent contractor.

Reid supplied his own tools, was without any extensive supervision and was free in the way he met his deadlines.

CCNV could not assign more projects to Reid, and paid him in the normal manner independent contractors are done.