Work of Hire and Copyright Infringement

In ABC Company hires freelance writers to write instructional manuals for their in-house training courses. Gina Grant, one of the freelancers, takes one of the manuals she wrote and sells it to a competitor. ABC sues Gina for copyright infringement.

Based on the above information, answer:

• Does ABC have a cause of action against Gina?
• Does Gina have cause of action against ABC?
• Analyze the relevance of whether or not the work contracted was a “work for hire.” Justify your answer.