The Magazine Macintosh Computing Runs an Advertisement for Itself in Another

The magazine Macintosh Computing runs an advertisement for itself in another magazine,PC Quarterly.The ad includes a picture of John Fence,head of Macrosell.John Fence

A) likely will win an appropriation suit under any circumstances because his picture was used without his permission
B) likely will win an appropriation suit if he did not give permission for the picture to be used,even if the picture had been used in a Macintosh Computing article
C) likely will not win an appropriation suit if the picture had been used in a Macintosh Computing article
D) likely will not win an appropriation suit even if the ad shows John Fence saying "Subscribe to Macintosh Computing"