Page:Picture Music v. Bourne.pdf/5

 In short, the “motivating factors” in the composition of the new song, “Who’s Afraid of the Big Bad Wolf,” were Disney and Berlin. They controlled the original song, they took the initiative in engaging Miss Ronell to adapt it, and they had the power to accept, reject, or modify her work. She in turn accepted payment for it without protest, except as to the amount, for 27 years. That she acted in the capacity of an independent contractor does not preclude a finding that the song was done for hire. We so find, and therefore the right to renew the copyright in the song in 1960 accrued exclusively to appellee, the “proprietor.”

Affirmed.

OAKES, Circuit Judge (concurring):

I concur in the result.