The Estate of Stanley Kauffmann v. Rochester Institute of Technology

JON O. NEWMAN, Circuit Judge:

*75 This appeal concerns the ownership of copyrights in 44 articles written by the film critic Stanley Kauffmann, which first appeared in The New Republic magazine (" TNR " or "the magazine") and have now been republished in an anthology of Kauffmann's reviews. The issue is whether each article is a "work made for hire" within the meaning of the definition section of the Copyright Act of 1976, 17 U.S.C. § 101 . Because the parties in this litigation, a purported licensee and Kauffmann's estate, agree that Kauffmann was not an employee of the magazine, the more…