May 2014  LACBA MCLE Test and Answer Sheet

Test No. 235: Copyright Capabilities

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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. DMCA stands for:




2. Congress passed the DMCA in 1998.


3. The U.S. Supreme Court addressed safe harbor protection for Internet service providers (ISPs) in Viacom International, Inc. v. YouTube, Inc.


4. Title III of the DMCA is the Online Copyright Infringement Liability Limitation Act (OCILLA).


5. Which of the following is not one of OCILLA’s safe harbors?





6. In Viacom v. YouTube, the U.S. District Court for the Southern District of New York granted summary judgment to Viacom.


7. Viacom v. YouTube places the burden of policing copyright infringement on the copyright owners rather than on ISPs.


8. Viacom v. YouTube holds that an ISP’s safe harbor protection depends on whether the ISP actively monitors its service for infringing activity.


9. In Viacom v. YouTube, the Second Circuit affirmed that actual knowledge of a specific infringement disqualifies an ISP from safe harbor protection.


10. Viacom v. YouTube holds that an ISP may lose safe harbor protection if it deliberately avoids knowledge of infringing activity on its service.


11. On remand in Viacom v. YouTube, the district court concluded that it was YouTube’s burden to demonstrate that it was unaware of the specific infringements at issue.


12. On remand in Viacom v. YouTube, the district court denied YouTube’s motion for summary judgment.


13. The parties to Viacom v. YouTube announced a settlement in 2014.


14. The central issue in American Broadcasting Companies, Inc. v. Aereo, Inc. (ABC v. Aereo) is whether retransmission of television programming via Web sites constitutes the creation and broadcast of unauthorized derivative works.


15. In ABC v. Aereo, the U.S. Supreme Court granted ABC’s petition for certiorari.


16. Aereo provides a service that allows subscribers to watch broadcast television programs over the Internet on a pay-per-view basis.


17. One of the exclusive rights which the Copyright Act grants to the copyright owner is the right to perform the copyrighted work publicly.


18. In ABC v. Aereo, the Second Circuit Court of Appeals ruled that the potential audience for each Aereo transmission is any user who could have accessed the program.


19. In ABC v. Aereo, Judge Denny Chin called Aereo’s system a "contrivance, over-engineered in an attempt to avoid…the Copyright Act."

20. Who called for substantial copyright reform in March 2013?





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* 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.