The first situation applies only when the work's creator is an employee, not an independent contractor.[1] The determination of whether an individual is an employee for the purposes of the work made for hire doctrine is determined under the common law of agency,[1] in which a court looks to a multitude of factors to determine whether an employer-employee relationship exists. In the Supreme Court case affirming that the common law of agency should be used to distinguish employees from independent contractors in the work for hire context, Community for Creative Non-Violence v. Reid,[2] the Court listed some of these factors: