21.

The Trophy House in downtown Atlanta marketed trophies and wall plaques. A new style for professional sports fans contained a basketball card, mounted on a walnut plaque with gold metallic trim. The mounted card was a basketball trading card containing the photograph of a professional basketball player. Each trading card was produced by the Basketball Player's Association and available for regular sale at sports venues for $4.99 a card. Pursuant to the NBA Player's Agreement, each player gave permission to the Basketball Player's Association to hire a photographer to take their photograph in uniform, produce the photo on a card, and then sell the cards as a trading card. Under the agreement, each player received $2.00 for each card sold. In making the plaques, the Trophy House would purchase the basketball cards for $4.99 each from a retailer and then mount the card on the plaque. Trophy House would then sell each plaque for $79.99.When Cheap Thomas, the star player on the Miami Heat, learned of Trophy House's practice, he came to you for advice on his rights and the rights of all parties involved. If Cheap Thomas asked you whether he could win a lawsuit against Trophy House for copyright infringement,

Group of answer choices

You should tell Cheap Thomas that he would win because the photo on the plaque is substantially similar to his real picture and Trophy House had access to the photo.

You should tell Cheap Thomas that he would not win because the First Amendment protects Trophy House because he is a celebrity.

You should tell Cheap Thomas that he would win because he owned the copyright.

You should tell Cheap Thomas that he would lose because the Basketball Player's Association owned the copyright.

You should tell Cheap Thomas that he would lose because the photographer hired by the Basketball Player's Association owned the copyright.

22.

Under the NFL Collective Bargaining Agreement, the power to decide disputes is placed in the hands of the Players Association.

Group of answer choices

True

False

24.

Under the common law, if a business hires an independent contractor, any negligence committed by the independent contractor is not the responsibility of the business.

Group of answer choices

True

False

25.

Lady Gaga launched her 2015 concert series on December 5, 2014 at the Staples Center in Los Angeles. During her opening, she came on the stage wearing a long white gown and sang "Bad Romance" while riding an elephant. The entire concert was filmed on E Television. On December 9, 2014, apple produced an advertisement for a new Mini Mini Mini Pad wherein a robot entered the stage in a large auditorium riding an elephant and singing "Bad Romance." The singing voice in the ad belonged to Miley Cyrus. Neither Apple nor Miley Cyrus received any permission or license from Lady Gaga, Gaga's recording company, or E Television. If Lady Gaga or her recording company brings a lawsuit against Apple for copyright infringement, the best case in our course for Gaga to use to support her claim would be:

Group of answer choices

LA Magazine v Hoffman

Hustler v Falwell

Samsung Electronics v Vanna White

None of the above