Intellectual Property Law

Chapter 14 Putting It Into Words Solution

Draft a paragraph explaining to a client that even though she only intends to use the threeword
phrase “I’ll be back” on her bracelets, it might constitute copyright infringement.

Using another’s copyrighted work is an infringement. Nevertheless, certain
defenses may excuse an impermissible use. One use commonly asserted is
that the use is a “fair use,” generally meaning one that advances the purpose
of copyright law, such as uses for news reporting, parody, comment, and
criticism. Uses can also be fair uses if they transform a work in some way.
Courts consider a variety of factors in determining if a use is fair, including
considering the quantity and quality of the amount used. Even when what is
used is quantitatively small, as is the case with your intended use of three
words from a well-known movie, the use may still constitute infringement if
what is taken is the central part or “heart” of the work. Thus, courts have
found that using catchphrases such as “E.T. phone home” on mugs and
pencil holders constituted infringement. Thus, we advise that you do not use
the well-known phrase “I’ll be back” on bracelets or any other material. The
phrase, even though brief, is so well known and significant that using it
would likely constitute infringement of the owner of the rights in the
Terminator movie franchise.