Suppose a lawyer makes the following argument. The defendant, who published a photo of a piece of copyrighted sheet music without the composer$$s permission, is not liable for damages. This is because in an earlier case, the court ruled that a videographer who videotaped a live performance of a song and uploaded it to a website without permission was not liable for damages. Which of the following facts would most weaken the argument?

Group of answer choices

A photograph is merely a visual reproduction, whereas a video is both a visual and auditory reproduction.

A photograph is a single image, whereas a video contains thousands of consecutive images.

The published photo was printed in a magazine with $120,000$ subscribers, whereas the uploaded video was only shared with the videographer$$s $138$ friends on Facebook.

The website to which the video was uploaded in the earlier case is owned by the same company that published the photograph in the present case.

The song in the photograph and the song in the video were the same.