An artist is commissioned to create an ice sculpture for a wedding. The ice sculpture will be approximately six feet tall, and is to be an emperor penguin holding a tray of drinks at the wedding. The finished sculpture must be delivered by $11$am on the morning of the wedding. In creating the work, the artist used photographs of emperor penguins that are readily available on the internet.

Question $1(1$ point$)$

What is the primary are of intellectual property law that would govern the issues raised by this situation?

Question $1$ options:

right of publicity

patent

trademark

copyright

Question $2(1$ point$)$

By default, the person that commissions an original copyrighted work is the owner of the copyright rights.

Question $2$ options:

True

False

Question $3(1$ point$)$

Under the Copyright statute, "works" protected by the statute must be fixed in a tangible medium of expression that others can perceive.

Question $3$ options:

True

False

Question $4(1$ point$)$

If the wedding photographer was to take a picture that included the ice sculpture:

Question $4$ options:

having been hired by the affianced people, the photographer is immune from copyright claims

the sculptor will owe royalties to the photographer for his photograph

there are no issues because the ice sculpture is automatically in the public domain

his photograph may be considered a "derivative work" of the ice sculpture

Question $5(1$ point$)$

The sculpture is not protected because its is made of a transient material $-$ ice $-$ and therefore is not "fixed" as required by the Copyright statute.

Question $5$ options:

True

False