Intellectual Property Law

Chapter 11 Case Study Answers

Case Study: Fit Forever has decided to play upbeat music during its fitness classes so it
is playing CDs of well-known pop hits. Moreover, it has decided to distribute small
“FitBooks” to its patrons that bring together and republish six essays published in various
fitness and exercise magazines that provide information on staying fit and healthy.
Finally, Fit Forever has purchased several books on fitness and nutrition and places them
on a table so its patrons can take these books if they wish to do so.

Activities: Consider each activity and determine whether any of the exclusive rights of
copyright owners has been violated.

• Fit Forever is violating the exclusive rights given to owners of musical
works to perform their works publicly. Although there are various
exceptions for small business establishments, those exceptions relate to
using radio and television equipment. Thus, playing CDs of copyrighted
music is a violation of the public performance right. Fit Forever should
contact one (or more) of the performing rights organizations and obtain a
license to play this music in public (or use the statutory or compulsory
license process).

• Fit Forever is also violating the rights of the copyright owners in the
various essays by publishing a collective work (a type of anthology)
without the permission of these copyright owners. Only the copyright
owners have the right to reproduce and distribute the essays. Fit Forever
could contact the Copyright Clearance Center and inquire about
obtaining a license to reproduce these works.

• There is no violation in giving away the books on fitness topics, which are
literary works. Due to the first sale doctrine, once the authors of those
literary works part with ownership of a copy the new owner can treat the
object as his/her own and can freely use, sell, or give away the work to
another. The first sale doctrine applies only to the distribution right,
however, and not to any other right (such as rights to reproduce the
works—thus, Fit Forever could not reproduce the books).