The correct answer is: D. The claimant’s designer must have created the design for the claimant’s product in the form of a drawing or a model that is an artistic work.
Copyright protection is a legal right that protects original works of authorship, including literary, dramatic, musical, and artistic works. To be eligible for copyright protection, a work must be fixed in a tangible medium of expression. This means that the work must be recorded in some way, such as in writing, on film, or in a computer file.
In the case of a product design, the design must be fixed in a tangible medium of expression in order to be eligible for copyright protection. This can be done by creating a drawing or a model of the design. Once the design is fixed in a tangible medium of expression, the copyright owner has the exclusive right to reproduce the design, create derivative works based on the design, distribute copies of the design, perform the design publicly, and display the design publicly.
If someone copies a product design without the permission of the copyright owner, they may be liable for copyright infringement. Copyright infringement can result in civil and criminal penalties.
Options A, B, and C are not correct because they are not necessary for copyright protection. A work does not need to be marketed, sold, or distributed in order to be eligible for copyright protection. Additionally, the defendant’s product does not need to be a substantial copy of the claimant’s product in order for there to be copyright infringement.