Langman Fabrics v. Graff Californiawear

Langman Fabrics (Langman) (plaintiff) was a fabric converter. Aaron Langman, who operated the creative side of Langman’s business, created a feather-patterned fabric design while working with a freelance artist, as he called her in his initial testimony. Langman registered a copyright for the resulting plume fabric design as a work made for hire, later suing two parties (defendants) for copyright infringement. Aaron provided the following testimony regarding the creation of the design. Aaron arranged three feathers, photocopied them, and, unable to draw, requested that the artist create a drawing from the copy. As the artist drew, Aaron provided extensive instructions for the details and placement of the feathers. The artist performed this work at Langman’s offices, and she worked from 1 to 4 p.m. daily. The artist worked there for three months and did other work for Langman. Aaron also testified that in the fabric-converter business, it was customary for the converter who hires an artist to own the copyright for the resulting design. Aaron explained that he used the term freelance in his initial testimony to indicate Langman’s employment of the artist was temporary. Gerald Block, who operated the financial side of Langman, testified that the artist received disability and workers’-compensation benefits and that taxes were withheld from her wages. The defendants moved for summary judgment based on Aaron’s use of the word freelance in his initial testimony. The district court entered summary judgment against Langman, and Langman appealed.