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

September 2010     MCLE Test and Answer Sheet

Test No. 195: Mix and Mash

 
 

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. Music sampling involves the creation of a new sound recording by using preexisting sound recordings or compositions.
 True.
 False.

2. Bridgeport Music, Inc. v. Dimension Films stated a rule for music sampling: "Get a license or do not sample."
 True.
 False.

3. A successful fair use defense may allow the use of a copyrighted work without the copyright owner's permission.
 True.
 False.

4. Most songs contain two sets of rights.
 True.
 False.

5. A derivative work is based on one or more preexisting copyrighted works.
 True.
 False.

6. If an artist records and sells a "cover" of a musical composition--that is, the artist's version of a previously recorded song--music industry standards suggest the artist need not seek permission of the owner of the composition.
  True.
 False.

7. Fair use is an affirmative defense.
  True.
 False.

8. In Campbell v. Acuff-Rose Music, Inc., the U.S. Supreme Court stated guidelines for fair use transformation.
  True.
 False.

9. Fair use transformation is identical to the transformation required to create a derivative work.
 True.
 False.

10. The Ninth Circuit's ruling in Newton v. Diamond implies that clearing the rights in a composition when sampling a sound recording is not always necessary.
 True.
 False.

11. Those who sample a musical composition generally face no liability "unless the copying is substantial."
 True.
 False.

12. Courts generally consider the purpose of the defendant's use when determining whether it meets the standards of fair use transformation.
 True.
 False.

13. In Kelly v. Arriba Soft Corporation, the Ninth Circuit found that the defendant's use of the plaintiff's copyrighted photographs was not transformative and not a fair use.
 True.
 False.

14. In a 2007 case against mixtape artist DJ Drama, Georgia officials chose to pursue state law claims rather than a federal copyright action.
 True.
 False.

15. In the copyright dispute between Shepard Fairey and the Associated Press, the central issue hinges on whether Fairey's image, HOPE, is a derivative work of the copyrighted AP photo or whether it meets the standards of fair use transformation.
 True.
 False.

16. A sound recording copyright protects a song's words and music.
 True.
 False.

17. The copyright in a musical composition protects the recorded rendition of the song's words and music.
 True.
 False.

18. The length of the samples Girl Talk uses may support his fair use claims.
 True.
 False.

19. The fair use defense is a limitation on the exclusive rights of copyright owners.
 True.
 False.

20. In most instances, copyright law requires those who sample copyrighted works to secure permission from the sample owner prior to distribution of the sampled work.
 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.

 


 
   
 

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