Reference no: EM132174552

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-hand 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 run off 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 that, in any event, damages for copyright infringement are unavailable.

Which of the following is true regarding Jill's claim that she was engaged in fair use?

1. She would lose because the fair-use doctrine is only available to educators.

2. This issue would not come up because Bobby is not entitled to copyright protection on the photographs.

3. She would likely lose under the weighing test mandated by the Copyright Act.

4. It is likely that she would win on the claim because she only seeks to copy what she has already purchased.

5. It is likely that she would win on the claim because she does not seek to use the photographs in a business pursuit.