Commercial Law, 2012 Bar — Question 82

MULTIPLE CHOICE

X's painting of Madonna and Child was used by her mother to print some personalized gift wrapper. As part of her mother's efforts to raise funds for Bantay Bata, the mother of X sold the wrapper to friends. Y, an entrepreneur, liked the painting in the wrapper and made many copies and sold the same through National Bookstore. Which statement is most accurate? A) Y can use the painting for his use because this is not a copyrightable material. B) X can sue Y for infringement because artistic works are protected from moment of creation. C) Works of art need to be copyrighted also to get protection under the law. D) Y can use the drawing even though not copyrighted because it is already a public property having been published already.

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