Lexie is an artist. Josh, an editor working for ABC Books, a publishing house that specializes in children's books, offers Lexie a contract to illustrate a children's book written by Phoebe. The contract states that ABC will pay Lexie $100 per drawing. Lexie agrees, and she signs a contract with ABC, which Josh signs on the company's behalf. The text and ideas are Phoebe's original work, but Lexie's drawings are result of her own creative view of Phoebe's story. When the book is complete and Lexie's contract is done, Lexie tries to sell the original copies of the drawings she created for Phoebe's book. She is immediately sued by ABC, on the grounds that ABC is the rightful owner of her drawings. Lexie claims that she acquired ownership of the drawings when she created them. Who is the legal owner of the drawings in this case?
A) ABC Books, because they paid Lexie to create the drawings for the book.
B) Lexie, because she is the person that created the drawings.
C) Phoebe, because it was her idea and story that inspired the subject of the drawings.
D) Josh, because he recruited Lexis and signed the contract on behalf of ABC Books.
E) Lexie and ABC Books are equal owners of the drawings.

Question

Quizplus · Accepted Answer

In cases of work made for hire, the commissioning party (in this case, ABC Books) typically retains ownership of the created works if the work is created by an employee within the scope of employment or if there is a written agreement specifying the work as a work made for hire. Since Lexie was contracted to create drawings specifically for ABC Books' publication, and she agreed to this arrangement by signing a contract, ABC Books is considered the legal owner of the drawings.

Lexie Is an Artist