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Los Angeles Lawyer

The Magazine of the Los Angeles County Bar Association

MCLE Test and Answer Sheet
Test No. 115: Preemtive Strike
(May 2003)

 


Instructions for Obtaining MCLE Credits

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.

1.Study the CLE article in this issue.

2.Answer the test questions by marking the appropriate boxes. Each question has only one answer. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced.

3.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. Prior to 1976, federal copyright law coexisted with state copyright law.
 True.
False.

2. Copyright preemption is only an issue in state court.
True.
False.

3. Copyright preemption is only an issue in federal court.
True.
False.

4. A state law cause of action that concerns copyrightable subject matter is always preempted.
True.
False.

5. Claims for breach of contract generally survive copyright preemption defenses.
True.
False.

6. A claim for the breach of a promise to pay royalties is:
A. Always preempted because there is no extra element.
B. Never preempted because there is always an extra element.
C. Reviewed according to a fact-specific analysis.
D. No court has ruled on the preemption of this claim.

7. The California Court of Appeal has ruled that a breach of contract cause of action is:
A. Always preempted because there is no extra element.
B. Never preempted because there is always an extra element.
C. Reviewed according to a fact-specific analysis.
D. The California Court of Appeal has not ruled on the copyright preemption of claims for breach of contract.

8. Ideas are protected by Section 102(b) of the Copyright Act of 1976.
True.
False.

9. Implied contract claims may be preempted in the U.S. District Court for the Central District of California.
True.
False.

10. The Ninth Circuit has ruled that a breach of implied contract cause of action is:
A. Always preempted because there is no extra element.
B. Never preempted because there is always an extra element.
C. Reviewed according to a fact-specific analysis.
D. The Ninth Circuit has not ruled on copyright preemption of claims for breach of implied contract.

11. Claims for fraud are never preempted by copyright law.
True.
False.

12. When the interference alleged in an interference claim only involves the reproduction or distribution of a copyrighted work, the interference claim will be preempted.
True.
False.

13. Interference claims are always preempted by copyright law.
True.
False.

14. Unjust enrichment claims regarding the copying of copyrighted material usually are preempted.
True.
False.

15. An unfair competition cause of action under the Lanham Act is susceptible to a copyright preemption defense.
True.
False.

16. Declaratory relief causes of action are never preempted by copyright law.
True.
False.

17. An artist sues a moving company that has stolen one of his paintings for conversion and fraud.
A. Both the fraud and conversion claims will be preempted.
B. The fraud claim will be preempted, but not the conversion claim.
C. The fraud claim will not be preempted, but the conversion claim will be.
D. Both the fraud and conversion claims will not be preempted.

18. An artist sues a moving company that is selling photocopies of the artist’s paintings for conversion and fraud.
A. Both the fraud and conversion claims will be preempted.
B. The fraud claim will be preempted, but not the conversion claim.
C. The fraud claim will not be preempted, but the conversion claim will be.
D. Both the fraud and conversion claims will not be preempted.

19. A recent case involving the issue of copyright preemption, Kabehie v. Zoland, was decided by:
A. The California Court of Appeal.
B. The U.S. District Court for the Central District of California.
C. The Ninth Circuit.
D. The Fourth Circuit.

20. United States ex. rel. Berge v. Board of Trustees of University of Alabama, a preemption decision relied on by the Central District, was decided by:
A. The California Court of Appeal.
B. The Ninth Circuit.
C. The Fourth 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 hitting the "Submit" button please verify that all questions have been 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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