Asked by Rosemary Rubino on Jul 14, 2024
Verified
Wedding Photos.Bobby took a number of wedding photos at Jill's wedding.He was paid as the photographer.On all of the photographs,he appropriately noted in the bottom right corner the necessary information showing that he was claiming copyright protection.Jill came to see Bobby three years after the initial photographs were taken and requested that he grant her permission to make as many copies as she wanted at the local photo shop from the pictures that she initially purchased.The photo shop had refused to reproduce the photographs without his permission.When he refused to give her permission to do so,Jill started a heated argument.She told Bobby that photographs are not entitled to copyright protection.She also told him that even if he was correct that there was some copyright protection,she was engaged in fair use,and in any event,damages for copyright infringement are unavailable.Which of the following is correct regarding Jill's claim that damages for copyright infringement are unavailable?
A) Damages are available,but a copyrighted work must be registered in order for the creator to recover damages from infringement.
B) It is not necessary that a copyrighted work be registered in order for the creator to obtain damages from infringement.
C) Damages for copyright infringement are only available if two businesses are involved (i.e.,a "B to B" transaction) ,not in disputes involving an individual such as Jill.
D) Some material that is subject to copyright must be registered before its creator may recover damages for infringement,but that is not true for photographs.
E) She is correct that damages are unavailable in copyright infringement actions,since only injunctive relief is available.
Copyright Infringement
The unauthorized use of copyrighted material in a way that violates one of the copyright owner's exclusive rights.
Damages
Monetary compensation awarded by a court to the plaintiff for losses or injuries suffered due to the defendant's actions.
Registered
The status of being officially recorded and recognized, often referring to documents, organizations, or trademarks.
- Acquire knowledge about the legal outcomes of copyright infringement and the possible defenses, like fair use, that can be employed.
Verified Answer
EH
Eddie HernandezJul 17, 2024
Final Answer :
A
Explanation :
For the creator to be able not only to seek an injunction but also recover damages arising from the infringement,the copyrighted work must be registered.
Learning Objectives
- Acquire knowledge about the legal outcomes of copyright infringement and the possible defenses, like fair use, that can be employed.