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

question 351

Multiple Choice

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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Definitions:

Present Intent

The current intention or determination to engage in a particular action or effect a legal consequence.

Subjective Standard

A legal standard that is based on personal feelings, tastes, or opinions, making it subject to individual judgment rather than objective observation.

Silent Acceptance

An implied agreement to a proposal demonstrated through an individual's actions rather than explicitly expressed consent.

Common Law

Law that is derived from court decisions over time, rather than statutes or written laws enacted by a legislative body.