In Community for Creative Non-Violence v. Reid, 490 U.S. 730, 109 S.Ct. 2166, 104 L.Ed.2d 811 (1989) ("CCNV"), the Supreme Court ruled that whether a person had created a work as an "`employee within the scope of his or her employment,'" id. at 732, 109 S.Ct. 2166, was to be determined by reference to the common law of agency, and the non-exhaustive factors listed in section 220(2) of the Restatement (Second) of Agency (1958), see id. at 738-41, 751-52, 109 S.Ct. 2166 (quoting 17 U.S.C. 101). The Supreme Court also noted the following factors, among others: "whether the hiring party has the right to assign additional projects to the hired party," "the hired party's role in hiring and paying assistants," "the provision of employee benefits," and "the tax treatment of the hired party." Id. at 751-52, 109 S.Ct. 2166.