Flashcards Studio

(a)Identify the central doctrine governing copyright infringement and apply it to the following facts: Mira Santos, a Filipino photographer, creates an original landscape photograph titled "Dawn Over Manila" in 2022. The work is not registered. An online marketplace, RightNow Licenses, offers licenses to use images and provides a direct download link. A nationwide advertising agency, BrightWave Productions, downloads "Dawn Over Manila" from RightNow Licenses and uses it in a six-month nationwide advertising campaign across billboards, transit ads, and digital banners, without Mira's consent or any license. RightNow Licenses does not own the rights to the photograph. Is BrightWave liable for copyright infringement? Explain. (b)If BrightWave contends that its use falls under fair dealing/fair use for purposes such as criticism, commentary, or news reporting, evaluate whether this defense could succeed under these facts and why or why not.