Tomas took a number of wedding photos at Maura's wedding. He was paid as the photographer. On all of the photographs, he appropriately noted in the bottom right-hand corner information showing that he was claiming copyright protection. Maura came to see Tomas 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, Maura started a heated argument. She told Tomas that photographs are not entitled to copyright protection. She also told him that even if he was correct that there was some copyright protection, it only lasted for two years and that, in any event, damages for copyright infringement are unavailable.
-Regarding Maura's claim pertaining to damages, which statement is accurate?
A) Damages are available, but a copyrighted work must be registered in order for the creator to recover damages from infringement.
B) It is not necessary that a copyrighted work be registered in order for the creator to obtain damages.
C) It is necessary for a photograph to be registered before the creator may obtain damages, but that is not true for other materials subject to copyright.
D) Some material that is subject to copyright must be registered before its creator may recover damages for infringement, but that is not true for photographs.
E) She is correct that damages are unavailable in copyright infringement actions.
Correct Answer:
Verified
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