Intellectual Property Law

Chapter 10 Case Study Answers

Case Study: Fit Forever’s employees have written an ad jingle called Get Moving! The
company’s fitness instructors have also prepared a list of the various classes offered at the
studios, a survey form to ask customers about what classes they prefer, and a written
instruction guide to using resistance bands and weights.

Activities: Discuss the copyrightability of each of the above works.

• The ad jingle is copyrightable as a song—both its music and lyrics
(and when it is recorded, it may constitute a sound recording as well).
• The list of the classes offered is not copyrightable; this is similar to a
mere listing of ingredients or a recipe. The list lacks sufficient
originality to qualify for copyright protection.
• Similarly, the survey form likely lacks sufficient originality to qualify
for copyright protection. Either it is similar to an uncopyrightable
blank form or, under the merger doctrine, the written expression in it
has merged into the unprotectable idea (because there are so few ways
of asking customers, “What classes do you prefer?”).
• The written instruction guide is copyrightable as a literary work.