Question

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 photoshop from the pictures that she initially purchased. The photoshop 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 photographs are not subject to copyright protection?

a. She is correct. Photographs are not subject to copyright protection even if taken by a professional photographer.
b. She is correct but only because family pictures are involved. Family pictures may not be the subject of copyright, but landscape photographs may be the subject of copyright protection.
c. She is partially correct. Bobby was entitled to copyright protection in the first picture. After Jill purchased the first picture, however, she could make as many copies as she wanted.
d. She is correct only because Bobby had not registered the photographs for copyright protection.
e. She is incorrect. Photographs may be the subject of copyright protection.

Answer 1

Jill's claim that photographs are not subject to copyright protection is incorrect. Photographs, regardless of their content, are protected under intellectual property laws, with rights belonging to the creator, in this case, Bobby, the photographer. Jill does not have the right to make copies without Bobby's permission, and her arguments of fair use and lack of damages for copyright infringement are not applicable.

Step-by-step explanation:

Jill’s claim that photographs are not subject to copyright protection is incorrect. Intellectual property laws clearly define copyrighted material, including photographs, and grant protection to the creators of such works. Whether the photograph is taken by a professional photographer, features family members, or is a landscape, the copyright initially belongs to the author who created the work. In Bobby's case, as the professional photographer, he holds the copyright to the wedding photographs he took, and this is regardless of whether or not he has registered the copyright. Jill's purchase of the photographs gives her ownership of those physical copies but does not transfer the copyright itself, thereby not allowing her to legally make additional copies without Bobby's permission. Option E is correct .

Works made for hire are an exception to the typical copyright rules, meaning if a work is created under such circumstances the hiring party would be the copyright owner. However, this does not apply to Bobby and Jill's situation unless their contract specified the photos as works made for hire, which is not indicated. Furthermore, Jill's argument about fair use does not hold for making multiple copies for personal use; fair use typically refers to using copyrighted material for commentary, criticism, education, research, or news reporting. Damages for copyright infringement are indeed available and can be pursued by the copyright holder if infringement occurs.

Answer 2

C- She is partially correct. Bobby was entitled to copyright protection in the first picture. After Jill purchased the first picture, however, she could make as many copies as she wanted.

Step-by-step explanation:

Under the Federal Copyright Act of 1976, photographs are protected by copyright from the moment of creation. According to the U.S. Copyright Office, the owner of the “work” is generally the photographer or, in certain situations, the employer of the photographer.

Since she employed bobby, then she can make as many copies as she want.