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Cora Copyrighter (CC) was hired by Galloping Gambler Racetrack (GGR) to prepare a racing form. On the forms, CC included race schedules, jockey names, and

Cora Copyrighter ("CC") was hired by Galloping Gambler Racetrack ("GGR") to prepare a racing form. On the forms, CC included race schedules, jockey names, and horse names. This information was listed both chronologically (by racing time) as well as alphabetically (both by jockey name and horse name). To make the racing forms better, CC did significant research to determine the past wins and losses of each horse and jockey. The compiled wins and losses were never done before and CC quickly became known throughout the industry as the best racing form maker in the bizalthough the effort of finding out the win loss records cost CC substantial money. Eric Mimikus, envious of CC's success, decided to compete with CC's forms by making his own. Each week, Mimikus bought a copy of CC's forms the minute they were put on sale, photocopied them, changing only the title, and sold them for half of CC's price. Which of the following best describes the situation:

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CC cannot stop Mimikus from using the facts presented in her forms but may be able to stop EM from copying the layout or other creative aspects of her form.

Mimikus is not infringing CC's copyrights because CC never registered the copyrights and failed to include a on the form.

Mimikus is not infringing CC's copyrights in the chronological and alphabetical listings but is infringing CC's formulation of horse and jockey win/loss records.

Mimikus is infringing because his use has had a substantial effect on CC's market

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