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Art Law Keyed to Gerstenblith, 4th Ed.
Community for Creative Non-violence v. Reid
Citation:
846 F.2d 1485 Aff'd, 490 U.S. 730, 109 S.Ct. 2166 (1989)Facts
In fall 1985, CCNV decided to participate in Washington D.C.’s annual Christmas Pageant of Peace by sponsoring a display dramatizing homelessness. Snyder and CCNV members conceived a modern Nativity scene with homeless figures on a steam grate titled “Third World America.” Snyder contacted Reid, who agreed to sculpt three human figures while CCNV would construct the base and steam grate. The parties agreed on Design Cast 62 material to meet budget and time constraints, with total cost not exceeding fifteen thousand dollars excluding Reid’s donated services. No written agreement was signed and copyright was never discussed. Reid worked exclusively on the statue in his Baltimore studio throughout November and early December 1985, assisted by others paid with CCNV funds. CCNV members visited periodically to check progress and coordinate base construction. Reid delivered the completed sculpture on December 24, 1985, twelve days late. After display and minor repairs, disagreement arose when Snyder proposed an extensive tour and Reid objected that the material could not withstand it. Reid refused to return the sculpture, filed copyright registration in his name, and announced modest tour plans, prompting CCNV to file competing registration and commence litigation.
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