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Chevaldina Had a Business Dispute with Katz, a Well-Known Real

Question 351

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Chevaldina had a business dispute with Katz, a well-known real estate tycoon. Chevaldina had a blog devoted to criticizing Katz's business practices. She found an unflattering photo of Katz and posted it on the blog. Katz then obtained a copyright on the photo and sued Chevaldina for copyright infringement for publishing the photo on the blog without permission. The appeals court held that Katz had:


A) ​no case; posting the photo on the blog was fair use.
B) ​no case because the photo was posted on the blog before he obtained the copyright; prior publication is protected.
C) ​a strong case for copyright infringement because he notified Chevaldina of the copyright and gave a reasonable amount of time for the protected photo to be removed.
D) ​a clear case of copyright infringement as Chevaldina knew the photo was used without permission.
E) ​none of the other choices are correct.

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