See If you Can Answer This MBE Question

A famous pop star is known for her outrageous and unique stage costumes. She has stated that she enjoys shocking and surprising audiences with her fashion choices.


A fashion designer wanted to promote her line of creative unconventional clothing and sent the pop star one of her outfits in hope that she would wear it. The pop star loved it and wore the outfit at her next major concert. The designer obtained a photo of the pop star in the outfit from a widely-circulated magazine and hung the photo up in her boutique.


The pop star happened to be in the area where the designer’s boutique was located and she stopped by to check it out. When she noticed the picture of herself, she became upset that the picture was being used to promote the designer’s clothing.


Does the pop star have a claim against the designer for appropriation?


(A) Yes, because the designer is using a picture of the pop star for her own commercial benefit.


(B) Yes, because the designer induced the pop star into wearing the outfit.


(C) No, because the pop star consented to having her photograph taken at her concert.


(D) No, because the picture was not used in any promotion or advertisement for the designer’s business.