15 F.4th 232
2d Cir.2021Background
- Victor Miller, a professional screenwriter and WGA member, orally agreed in 1979 to write the screenplay for Friday the 13th and signed a two-page WGA "Writer’s Flat Deal Contract" providing two lump-sum payments totaling $9,282.
- Manny Company (producer) was a signatory to the Writers Guild of America Minimum Basic Agreement (MBA); Miller worked from home using his own typewriter but collaborated closely with producer Sean Cunningham.
- Manny later assigned rights to Georgetown, which registered the motion picture copyright listing Georgetown as author and the work as a "work made for hire." Horror Inc. is a successor-in-interest.
- In 2016 Miller served notices of termination under 17 U.S.C. § 203 seeking to reclaim authorship rights; Manny/Horror sued for a declaration that the screenplay was a work made for hire.
- The District Court granted summary judgment for Miller, holding he was an independent contractor (not an employee) under the Reid factors and that Miller’s termination notice was timely; the Companies appealed.
Issues
| Issue | Plaintiff's Argument (Manny/Horror) | Defendant's Argument (Miller) | Held |
|---|---|---|---|
| Whether Miller was an "employee" such that the screenplay is a work made for hire | Miller’s WGA membership and Manny’s signatory status establish an employer-employee relationship; Reid factors tilt toward employment | Reid factors and common-law agency show Miller was an independent contractor | Miller was an independent contractor; screenplay is not a work made for hire (summary judgment affirmed) |
| Whether NLRA/WGA status or the MBA should control the copyright employee inquiry | Labor-law determinations (NLRB precedent and MBA terms) govern or at least strongly inform the copyright employee inquiry | Copyright Act uses common-law agency/Reid; labor-law definitions serve different purposes and cannot override Reid | Copyright analysis governed by Reid/common-law agency; NLRA/WGA status is not dispositive |
| Whether the WGA/MBA or industry custom should be treated as an additional Reid factor | Industry custom and the MBA support treating union membership as a separate, heavily weighted factor favoring employment | Union membership may inform certain Reid factors (benefits, tax treatment) but is not an independent factor | Union membership is relevant only to existing Reid factors (e.g., benefits), not a standalone factor; it did not change the outcome |
| Whether Miller’s termination claim is time-barred under the Copyright Act’s three-year limitations period | Express repudiation occurred earlier (copyright notices, registration, Miller’s statements), so §507(b) bars the claim | Copyright notice/registration and Miller’s past statements were not plain and express repudiation; accrual requires express repudiation | No express repudiation sufficient to start the limitations clock; Miller’s claim was timely |
Key Cases Cited
- Community for Creative Non-Violence v. Reid, 490 U.S. 730 (1989) (adopts common-law agency/Reid factors for copyright work-for-hire determination)
- Aymes v. Bonelli, 980 F.2d 857 (2d Cir. 1992) (guidance on applying Reid factors in copyright cases)
- Eisenberg v. Advance Relocation & Storage, Inc., 237 F.3d 111 (2d Cir. 2000) (Reid factors are context-specific; weighting may vary by statute)
- Woods v. Bourne Co., 60 F.3d 978 (2d Cir. 1995) (party claiming work-for-hire bears the burden of proof)
- Langman Fabrics v. Graff Californiawear, Inc., 160 F.3d 106 (2d Cir. 1998) (§ 410(c) registration creates rebuttable presumption of facts stated in registration)
- Gary Friedrich Enters. v. Marvel Characters, Inc., 716 F.3d 302 (2d Cir. 2013) (authorship-claim accrual rules; express repudiation triggers limitations)
- Wilson v. Dynatone Publishing Co., 892 F.3d 112 (2d Cir. 2018) (mere copyright registration alone does not necessarily start accrual for authorship claims)
- Nationwide Mut. Ins. Co. v. Darden, 503 U.S. 318 (1992) (common-law agency principles inform statutory "employee" definitions in different contexts)