Dan Defendant, a plumber who enjoys hunting wild turkeys, came up with the idea of a turkey decoy which had a hollow body, into which detachable legs and a detachable head would fit for easy storage. In October 1985 Dan went to Paul Plaintiff, an acquaintance who was "very good with his hands," to ask him to make molds for such a decoy. Paul did so, and made a couple sample birds, which Dan took home with him to paint. Dan also too photographs of Paul’s work with Paul’s knowledge, ostensibly to draft an ad for the decoy. The working relationship between the two deteriorated.
In January 1986, after using the sample decoys on a hunting trip with some friends, Dan, without Paul’s consent, placed an ad in "Sporting World" magazine, containing a photo and description of the sample decoys, with a statement that they could be ordered from Dan. The magazine bore copyright notice but the ad did not. Dan subsequently made a second set of decoys, which he says he did independently of Paul’s molds or decoys. Dan’s turkey decoys are fuller in the neck, tail, and body that are Paul’s. Dan used his decoys in filling the few orders he has received since the running of the ad.
Paul has neither advertised nor sold any decoys. In March 1986, however, Paul registered the decoy in his name with the Copyright Office and received a certificate of registration. He immediately notified Dan of this development and told him to cease infringing his copyright.
b) Assuming that Paul’s copyright is valid, has Dan infringed any of Paul’s § 106 rights?