copyright and movie props

Here's a question I have been grappling with lately and was wondering if the collective wisdom of the list had any insights:

A designer/maker made a prop for a famous film. That prop figured prominently in the film. Now the designer/maker of the prop would like to recreate the prop and sell reproductions of the prop on his own.

Does anyone know if a prop falls under the definition of a "work made for hire" as a "work specially commissioned for use ... as part of a motion picture ... if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire." If there is no instrument, would the copyright be retained by the prop's designer/maker? Or could the movie studio claim rights to the prop?

There are trademark issues involved as well, but those are held by a different group and we are not so much concerned about those.

Any help, cases, nimmer cites, is greatly appreciated.

Rob Jones - www.robjob.com
robjones[_at_]robjob.com
robjob[_at_]robjones.com