Intellectual Property Law

Chapter 14 Case Study Answers

Case Study: Olivia has written a book titled America’s Fitness Obsession, which
discusses various trends in fitness, including specialized fitness classes. The 300-page
book devotes about 10 pages to Fit Forever and publishes Fit Forever’s printed list of
fitness classes.

Activities: Discuss whether any of Fit Forever’s rights have been infringed and what
defenses Olivia might assert.

Although Fit Forever might allege copyright infringement, Olivia will likely
have a fair use defense. The mere discussion of Fit Forever is clearly the type
of social comment and criticism that 17 U.S.C. § 107 is designed to promote.
An examination of the four fair use factors shows the following: (1) although
the purpose of the work is commercial (in that Olivia will achieve book sales),
the type of uses in the book (namely, criticism and comment) are specifically
mentioned in 17 U.S.C. § 107; (2) the nature of Fit Forever’s copyrighted
work (the printed schedule of classes) is not creative and is clearly factual.
Thus, it does not deserve a wide scope of protection; (3) the amount taken is
quite small (only ten pages total discussion and one page of printing the
actual schedule of classes), and it does not appear to be the “heart” of the
book; and (4) Olivia’s book is unlikely to “usurp” Fit Forever’s market. Fit
Forever’s market is those seeking to exercise; Olivia’s market is readers of
her book. Although Fit Forever may suffer some damage because it may be
being criticized and people may shun its fitness centers, such is not due to
actual use of any copyrighted works of Fit Forever.