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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

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,

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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.

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