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

May 2013     MCLE Test and Answer Sheet

Test No. 224: Songs in Contention

 
 

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. After Franklin D. Roosevelt adopted the Broadway song 'Happy Days Are Here Again" as his theme, he was sued by the copyright holder.
 True.
 False.

2. Two presidential candidates appropriated the song 'Hello, Dolly," but only one received a complaint from the copyright holder.
 True.
 False.

3. In a 2010 case, candidate Charles DeVore successfully argued that his use of two songs written by Don Henley was fair.
 True.
 False.

4. A politician may play a song at campaign functions without the songwriter's permission so long as the politician secures a proper license.
 True.
 False.

5. A performing rights organization can license the right to perform a song as well as use it in a promotional video.
 True.
 False.

6. Venue licenses for songs are often limited to specific types of events.
 True.
 False.

7. The John McCain campaign obtained a proper license for 'Barracuda."
 True.
 False.

8. In Brown v. McCain, singer-songwriter Jackson Browne brought the following claims against McCain:
 A. Copyright infringement.
 B. Violation of the Lanham Act.
 C. Violation of California's right of publicity.
 D. All of the above.

9. The Brown v. McCain court analyzed McCain's fair use argument at the motion-to-dismiss stage.
 True.
 False.

10. Under the purpose-and-character factor, courts consider the extent to which a new work is transformative.
 True.
 False.

11. In Henley v. DeVore, the court drew a distinction between satire and parody of protected works.
 True.
 False.

12. The fourth element of fair use analysis concerns the effect of the use upon the potential market for or value of the copyrighted work.
 True.
 False.

13. In which case did the court emphasize the First Amendment implications of political expression?
 A. Browne v. McCain.
 B. Keep Thomson Governor Committee v. Citizens for Gallen Committee.
 C. Henley v. DeVore.
 D. Miller v. Ford.

14. The Henley v. DeVore court found that the defendants' use of Don Henley's songs constituted parody.
 True.
 False.

15. The McCain defendants moved to dismiss the trademark claim on the ground that the Lanham Act cannot be asserted if the speech is political and therefore noncommercial.
 True.
 False.

16. In Browne v. McCain, the court found that Browne's trademark claim was barred under the artistic relevance test.
 True.
 False.

17. The right of publicity of a song's author may be infringed even if a campaign purchases public performance licenses.
 True.
 False.

18. Twenty-five states recognize the right of publicity with a statute.
 True.
 False.

19. The Browne v. McCain court denied the McCain defendants' Anti-SLAPP motion to strike Browne's claim for right of publicity because the claim was not based on protected activity.
 True.
 False.

20. Politicians may avoid lawsuits by copyright holders for use of a song by simply securing the artist's blessing before making use of a song.
 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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