Villa v. City of BuffAlo

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that rejection of the retroactive application of Lin-Brook to evaluating works created by independent contractors would “overturn forty years of established case law within this circuit”
• finding that “expense” requirement met when publisher agreed to pay the creator “a lump sum for writing the book, instead of negotiating a royalty deal”
• finding that expense requirement met when publisher agreed to pay the author “a lump sum for writing the book, instead of negotiating a royalty deal”
• “[t]he presumption may be rebutted only by evidence that the parties did not intend to create a work-for-hire”
• “there is little doubt that the book was authored at [the publisher’s] expense. [The publisher] took on all the financial risk of the book’s success, agreeing to pay [the writer] a lump sum for writing the book, instead of negotiating a royalty deal”

Source: CourtListener parenthetical corpus (CC0).