Silly Sally has written an opera. She neglected to register her work with the copyright office. However, Sally did place “(c) 2008 Silly Sally” on the opera. Sally wrote the opera while she was working at Fred Flintstone’s musical instrument repair shop. Fred claims he should be the copyright holder since it was a “work-made-for-hire.” The ever-industrious Sally also invented a new type of guitar pick while she was working for Fred. Both Sally and Fred agree that the guitar pick was developed within the scope of Sally’s employment. Fred asked Betty Rubble to create a sales brochure for his business. Betty was not an employee of Fred’s but had produced brochures for several local businesses including Slate’s Rock & Gravel Co. Betty started work right away after speaking with Fred and she was almost finished a week later when the contract Fred had mailed arrived on her doorstep. Fred wants to know if the brochure is “work-made-for-hire.” Betty included in the brochure several photographs of the various types of musical instruments that “Flintstone’s Fiddles” repairs. She used photographs from an educational book on musical instruments and believes this to be a “fair use.” Betty also added the copyright holder’s information below each photograph. Betty also used a photograph of a Stradivarius violin that she found online for the cover of the brochure. Betty told Fred that since the photograph was on the Internet in public, it was O.K. to use it since it was obviously in the public domain. Betty loved the photo of the Stradivarius but Photoshopped the image to distort its appearance; she also changed the violin's color to pink. Henri Cartier-Boulder, who took the photograph, is upset that the integrity of his work has been changed and "ruined." Betty told him to chill because he should be grateful that she had transformed his stuffy old photo into a modern pop art classic.

List the issues involved and probable outcomes.


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