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

May 2011     MCLE Test and Answer Sheet

Test No. 203: More or Less


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
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. In Sid and Marty Krofft Television Productions, Inc. v. McDonald's Corporation, McDonald's commercials were alleged to have infringed upon the characters appearing in which children's television series?
  A. Dr. Shrinker.
 B. Sigmund and the Sea Monsters.
 C. H.R. Pufnstuf.
 D. Land of the Lost.

2. When a plaintiff has established that a defendant has actually copied his or her work, the plaintiff does not need to show that the defendant's work is substantially similar to the plaintiff's work with regard to protectible expression.

3. In Golding v. R.K.O. Pictures, Inc., the Ninth Circuit held that when the evidence of access is strong, less proof of similarity may suffice to uphold a judgment of copyright infringement.

4. In applying the extrinsic test, unprotectible elements are generally disregarded.

5. In 1961, the Second Circuit in Arc Music Corporation v. Lee stated that:
  A. The inverse ratio rule is helpful in the right context.
 B. The inverse ratio rule's roots stem from the comments of Judge Learned Hand.
 C. The inverse ratio rule should be applied in all copyright cases in which access has been shown.
 D. None of the above.

6. Copying can be established by circumstantial evidence.

7. Proof of access alone may sometimes establish actual copying.

8. In 1968, Nimmer on Copyright noted that:
  A. The inverse ratio rule was completely rejected by one court.
 B. A very high degree of similarity is required to dispense with proof of access.
 C. Clear and convincing evidence of access will not avoid the necessity of also proving substantial similarity.
 D. All of the above.

9. In Rice v. Fox Broadcasting Company, the Ninth Circuit found that the plaintiff's evidence of access was strong enough to trigger the inverse ratio rule.

10. A "bare possibility" of viewing the plaintiff's work is insufficient to establish access.

11. In Benay v. Warner Bros. Entertainment, Inc., the Ninth Circuit held that the plaintiffs did not show sufficient similarity to maintain their claim, in spite of the lower standard that applied because of the inverse ratio rule.

12. If the inverse ratio rule is applied in a given copyright case, it follows that the plaintiff's copyright claim will survive summary judgment.

13. What television show appeared in a Ninth Circuit copyright case because it allegedly infringed on the plaintiff's screenplay, The Funk Parlor?
  A. The Sopranos.
 B. Six Feet Under.
 C. Sex and the City.
 D. Dexter.

14. In Metcalf v. Bochco, the Ninth Circuit expressly referred to the phrase "inverse ratio rule."

15. In Funky Films, Inc. v. Time Warner Entertainment Company, L.P., the Ninth Circuit held that general plot similarities are protected under copyright law.

16. The court in Morse v. Fields held that the plaintiff was not entitled to the benefit of the inverse ratio rule, even though the plaintiff made a showing that his article appeared in a national publication.

17. No amount of proof of access will suffice to show copying if there are no similarities between the protected expressions in the two works.

18. In 1968, Nimmer on Copyright followed the Second Circuit's lead by expressly rejecting the inverse ratio rule.

19. The Ninth Circuit questioned the viability of the inverse ratio rule in:
  A. Novak v. Warner Bros. Pictures, LLC.
 B. Aliotti v. R. Dakin & Company.
 C. Arc Music Corporation v. Lee.
 D. Shaw v. Lindheim.

20. The inverse ratio rule may have some limited viability in the Second Circuit.

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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