Ellen publishes a book titled First Place, which includes a chapter from Frank's copyrighted book Great Racecar Drivers without his permission. Ellen's use of the chapter is actionable
A) only if consumers are confused.
B) only if Ellen and Frank are competitors.
C) only if consumers are confused and Ellen and Frank are competitors.
D) regardless of whether consumers are confused or Ellen and Frank are competitors.

Question

Quizplus · Accepted Answer

Ellen's use of the copyrighted chapter without Frank's permission is considered an infringement regardless of whether consumers are confused or if Ellen and Frank are competitors. Frank has exclusive rights to his work and Ellen cannot use it without obtaining permission or a license.

Ellen Publishes a Book Titled First Place, Which Includes a Chapter