Fact pattern for Questions FP 5 - 8.

In 2001, American Ingenuity, Inc. (AI) develops a new snowboard with a unique glow-in-the-dark technology that glows brighter as the snowboard increases speed. AI files for a patent on the technology that same year but does not actually market and distribute the snowboard until 2010. In 2022, Best Copy Corporation buys an AI snowboard and analyzes the design in their laboratories. Later that same year, Best manufactures and distributes a snowboard that's design is nearly identical to that produced by AI.

As part of its marketing campaign for the new snowboard, Bests advertising team decides to include the catchy slogan - "Just Do it." While Best's head of marketing knows that Nike use's the same phrase, in its advertisements, she doesn't think she is violating any laws since she is just using three simple words.

The same marketing director decides to reduce advertising costs by copying and pasting a photo of a model from the Gentlemen's Quarterly (GQ) website and then using photoshop to add the model into a snowboarding scene.

The marketing campaign proves successful and Best sells 300,000 snowboards in their first six months.An anchor for a local Aspen television station reports on the snowboards success and its popularity for night-time snowboard runs. During the live broadcast, the anchor loudly belts out the following lyrics and just like Mr. Ulrich says...exit light, enter night, take my hand and we're off to never never-land*.

*Lyrics excerpted from the song,Enter Sandman 1991; from theBlackalbum by Metallica.

Question FP 8:If Lars Ulrich (who owns the copyright on Enter Sanman) sues the anchor for infringement, is Lars likely to succeed?

No, because the copyright for song lyrics is only 20 years.

Yes, because Lars Ulrich controls all use of his copyrighted songs.

No, because the anchor's use of the song is almost certainly covered by the Fair Use Exception to copyright ownership.

Yes, because the Fair Use Exception does not apply to news reporting.