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Bit Parts

By Stan Soocher

Copyright/Work-for-Hire

The U.S. Court of Appeals for the Second Circuit ruled that choreography created by dance legend Martha Graham ' while she was artistic director of a school that bore her name and that was “created to serve the creative endeavors of an artistic genius” ' belonged to the school. Martha Graham School and Dance Foundation Inc. v. Martha Graham Center of Contemporary Dance Inc., 02-9451(L). In reaching its conclusion, the appeals court noted, among other things, “In arguing that Graham's dances were not created at the 'instance' of the Center, the [plaintiffs] endeavor to give that word a more particularized meaning than is appropriate for the context in which the 'instance and expense' [work-for-hire] test applies. There is no need for the employer to be the precipitating force behind each work created by a salaried employee, acting within the scope of her regular employment.”

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