March 2016 LACBA MCLE Test and Answer Sheet

Test No. 255: Work Made For Hiring

To access the article related to this test, please click here.
  
Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $20 testing fee ($25 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.


 

Test Sheet
 



  
Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. Without a written work-made-for-hire agreement, 
the hiring business is the author of the creative work and the owner of the underlying copyright.


2. If the creator of a work is an employee of the business and acting within the scope of employment when the creator creates the work, then the employer automatically owns the copyright by operation of federal law.


3. For works created after January 1, 1978, the Copyright Act defines a “work made for hire” as a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, or as a compilation, if the parties expressly agree orally that the work is a work made for hire.


4. A work created by an independent contractor can be a work made for hire only if it falls within one of the listed categories and there is a written agreement between parties specifying that the work is a work made for hire.


5. Under California law, an independent contractor who creates a work of authorship under a contract that expressly provides that the work is to be considered a work made for hire is an employee of the business.


6. Under the California Unemployment Insurance Code, a business commissioning a work under a contract that expressly provides that the work is to be considered a work made for hire is an employer.


7. Under California law, employer businesses are not required to make unemployment insurance, employment training tax, state disability insurance, and California personal income tax, and payroll tax deposit payments for their independent contractors.


8. An employer under California law has an affirmative legal obligation to secure workers’ compensation insurance covering employees after services have commenced.


9. Only a labor commissioner has the authority to issue a stop order against any business that is discovered to be unlawfully uninsured for workers’ compensation.


10. The primary problem with misclassifying an em­ployee as an independent contractor is that the em­ployer may wind up paying all the back employment taxes, including the employee’s share, plus interest and penalties.


11. Copyright ownership can be transferred or assigned orally or in a written document.


12. A work of authorship generally created after January 1, 1978, by a single author is protected by copyright for an initial term of 28 years, with one extension of 28 years.


13. The Copyright Act of 1976 allows certain authors who have transferred copyright by contract or otherwise to terminate the copyright transfer and regain those transferred rights after 35 years.


14. The copyright termination of transfer right can be waived only in a written contract by the author.


15. Corporations and limited liability company entities are not considered employees under the California statutes for the purposes of works made for hire as the creators must be individuals.


16. Congress intended to preempt the California statutes with the Copyright Act of 1976 regarding works made for hire.


17. There is an extensive and conflicting history of federal and state case law interpreting the conflict between the Copyright Act and the California statutes regarding works made for hire.


18. Copyright ownership consists of the two distinct exclusive rights to reproduce and distribute a creative work.


19. The provisions of the California Labor Code only apply to California residents who have relationships with California-based businesses.


20. There are only civil penalties for a business’s failure to secure workers’ compensation insurance for its employees.

 


Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education legal ethics credit by the State Bar of California in the amount of one hour.