Confirm favorite deletion?
Intellectual Property Keyed to Merges
Community for Creative Non-Violence at al. v. Reid
Facts
The Community for Creative Non-Violence (CCNV) (Plaintiff) was a nonprofit organization dedicated to advocacy for the cause of the homeless in the United States. It negotiated with Reid (Defendant), a sculptor, to create a variation on the classic nativity scene, depicting homeless persons. Agreement was finally reached and Defendant made the sculpture out of a bronze-like material. Defendant worked in his studio with little direction from CCNV (Plaintiff). Following the unveiling, Defendant registered a copyright on the work. Subsequent to this, a disagreement arose between Plaintiff and Defendant who had taken custody of the sculpture, over future exhibition thereof. Plaintiff filed an action seeking to obtain possession of the work. The district court held Plaintiff to have the right to exhibit the statue. The federal circuit of the court of appeals reversed, and the United States Supreme Court granted review.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.