HOME MEMBERSHIP CALENDAR JUDICIAL COUNCIL 

FORMS KNOW YOUR 

JUDGES DAILY 

EBRIEFS LA LAWYER






LACBA on Facebook.
LACBA on Twitter.
LACBA on LinkedIn.



 

Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association


 
 

May 2009     MCLE Test and Answer Sheet

Test No. 181: Distributive Principles

 
 

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 $15 testing fee ($20 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. The right to distribute copies or phonorecords of a copyrighted work by sale or other transfer of ownership, or by rental, lease or lending, is one of the exclusive rights reserved to a copyright owner under U.S. copyright law.
 True.
 False.

2. The distribution right was first enumerated as a separate exclusive right reserved to the copyright owner in the Copyright Act of 1976.
 True.
 False.

3. Capitol Records, Inc. v. Thomas involved claims that the defendant had infringed the plaintiffs' copyrights by making available and transmitting digital music files over a peer-to-peer computer network.
 True.
 False.

4. In the Thomas trial, a jury found that the defendant had infringed the plaintiffs' copyrights.
 True.
 False.

5. Hotaling v. Church of Jesus Christ of Latter-Day Saints involved an allegation that the defendant had distributed copyrighted works by sharing digital copies of e-books on the Internet.
 True.
 False.

6. The distribution right as set forth in the Copyright Act tracks the act's definition of "publication" word for word, without any additions or omissions.
  True.
 False.

7. Some courts have found that the distribution right is equivalent to publication under the Copyright Act.
 True.
 False.

8. Some courts have applied Hotaling to find that making digital copies of copyrighted works available for others to download on a peer-to-peer network constitutes a distribution.
 True.
 False.

9. National Car Rental System v. Computer Associates International, Inc., was decided by the Eighth Circuit.
 True.
 False.

10. National Car Rental System involved an allegation that the defendant distributed copyrighted material by allowing another to use copyrighted software outside the scope of a license.
 True.
 False.

11. According to the court in Elektra Entertainment Group Inc. v. Barker, for a plaintiff to plead that the defendant violated the distribution right by offering to distribute copyrighted works, the plaintiff must allege that the offer to distribute was for the purpose of further distribution, public performance, or public display.
 True.
 False.

12. In London-Sire Records, Inc. v. Doe, the court held that, without evidence of an actual dissemination, a defendant did not infringe the distribution right solely by making copyrighted works available to others on the Internet.
 True.
 False.

13. In Atlantic Recording Corporation v. Howell, the court initially granted summary judgment for the record company plaintiffs but then reconsidered its ruling and vacated the judgment.
 True.
 False.

14. In 2008, courts in Massachusetts, Minnesota, Arizona, and New York considered the distribution right as it applied to making works available on a peer-to-peer network.
 True.
 False.

15. In Thomas, the court concluded that the distribution right was equivalent to the definition of "publication" in the Copyright Act.
 True.
 False.

16. Arista Records LLC v. Does 1-27 was decided by a court in what state?
 Maine.
 California.
 Massachusetts.
 Texas.

17. The issue of whether the act of making works available on a peer-to-peer network alone constitutes a distribution has been definitively resolved by the Ninth Circuit.
 True.
 False.

18. According to some courts, a defendant's actual distribution of copyrighted works can be proven by circumstantial or indirect evidence.
 True.
 False.

19. Some courts have held that the downloading of a work made available on a peer-to-peer network by an investigator may be evidence that the work was actually disseminated to others.
 True.
 False.

20. According to a commentator, evidence that a defendant tampered with or corrupted his or her hard drive, made vast numbers of highly popular works available online for long periods of time, and intended and encouraged others to download the works he or she made available supports an inference that the works were distributed by the defendant.
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
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 credit by the State Bar of California in the amount of one hour.

 


 
  
 

Copyright 2009, Los Angeles Lawyermagazine. All Rights Reserved.

 

   
Los Angeles Lawyer
 
 
 
 
       
   
General Information
 
 
 
 
 
 
 
 
       
   
 
 
 
Online MCLE
 
 
 
 
Plus: Earn MCLE Credit