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Peters is an accountant who writes music and lyrics as a hobby. On occasion he will sell songs for a nominal price to local bands.

Peters is an accountant who writes music and lyrics as a hobby. On occasion he will sell songs for a nominal price to local bands. He doesn't bother with registering his music with the U.S. Copyright Office or indicating on the written music that he claims any copyright in the music or lyrics. Written and CD copies of his music have over time become widely distributed. Peters' music has caught the attention of Smith, the "entertainment" radio commentator who critiques area entertainment on a local radio station. During one of these radio shows, she played a portion of Peters' songs (without his permission) and called it "junk" and "amateurish". Of course, Peters was upset with this critique of his work and is considering a copyright infringement action against the radio station and Smith. Which of the following statements is correct? A. Peters would likely not prevail because the playing of his music by Smith was a fair use. B. Peters would likely not prevail because he failed to register his music with the U.S. Copyright Office. O C. Peters would likely not prevail because he failed to indicate on the written music that he claimed a copyright in the music and lyrics. O D. Peters would likely prevail because Smith played his music without Peters' consent. O E. Peters would likely prevail because he is not obligated to register his music with the U.S. Copyright Office or use the symbol on his music.

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