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Los Angeles Lawyer

The Magazine of the Los Angeles County Bar Association

 
 

May 2005      MCLE Test and Answer Sheet

Test Number 137: Access Hollywood

 
 

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. To establish copyright infringement, a plaintiff must prove ownership of a valid copyright and copying by the defendant of a nontrivial portion of the plaintiff's work.
 True.
 False.

2. In the absence of direct evidence, a plaintiff may establish the defendant's copying circumstantially by proving that the defendant had access to the plaintiff's work and that there is substantial similarity of protected expression between the respective works.
 True.
 False.

3. Copyright law protects the ideas in a work of authorship and the author's expression of those ideas.
 True.
 False.

4. When an idea is capable of being expressed in only one way, courts hold that the expression "merges" with the idea and is not subject to copyright protection.
 True.
 False.

5. The scenes à faire doctrine is similar to the merger doctrine but applies only to theatrical works.
 True.
 False.

6. Under the Ninth Circuit's intrinsic test for substantial similarity, the court must consider the plot, themes, dialogue, mood, characters, setting, and other objective, concrete expressive elements in a literary work.
 True.
 False.

7. The merger and scenes à faire doctrines deny copyright protection to standard, obvious, and generic expressions of an idea in order to avoid giving the copyright owner exclusive control of a particular idea.
 True.
 False.

8. The term "analytic dissection" refers to the process courts use to distinguish between protectable and unprotectable expression and to filter out unprotectable elements.
 True.
 False.

9. In Metcalf v. Bochco, the Ninth Circuit held that the plaintiff's arrangement or combination of expressive elements could not support a claim for copyright infringement because the allegedly similar elements were unprotectable when considered individually.
 True.
 False.

10. In applying the Ninth Circuit's extrinsic test, the court must perform a subjective analysis of whether the ordinary, reasonable audience would recognize the defendant's work as a dramatization or picturization of the plaintiff's work.
 True.
 False.

11. The term "thin" copyright refers to a narrow scope of copyright protection that applies only in the context of computer software.
 True.
 False.

12. Under the Ninth Circuit's inverse ratio rule, a court will require a lower quantum of proof on substantial similarity if the plaintiff demonstrates a high likelihood of significant, ongoing damages from infringement.
 True.
 False.

13. When the plaintiff demonstrates a striking similarity between the plaintiff's and defendant's works, infringement may be established without proof of access by the defendant to the plaintiff's work.
 True.
 False.

14. To satisfy the threshold requirement of originality under copyright law, a plaintiff need only show that he or she is the author of a work that displays some minimal degree of creativity.
 True.
 False.

15. In Rice v. Fox Broadcasting Company, the Ninth Circuit reversed a summary judgment for the defendant because it found a triable issue of fact as to whether the sequence and arrangement of otherwise unprotectable elements in the parties' respective "masked magician" programs were substantially similar.
 True.
 False.

16. In order to prove the element of access, a plaintiff generally need only show that the defendant had an opportunity to view or copy the plaintiff's work.
 True.
 False.

17. Although the Ninth Circuit's decision in Metcalf did not expressly invoke the inverse ratio rule, it noted that the plaintiff's case was strengthened by the defendants' concession of access to the plaintiffs' treatment and scripts.
 True.
 False.

18. In Ets-Hokin v. Skyy Spirits, Inc., the Ninth Circuit affirmed summary judgment for the defendant on the ground that copyright law does not protect commercial photographs.
 True.
 False.

19. The Ninth Circuit in Satava v. Lowry, while distinguishing the case from Metcalf, held that the defendant had infringed the plaintiff's copyright in lifelike glass jellyfish sculptures.
 True.
 False.

20. In its initial articulation of the two-part substantial similarity test comprising the intrinsic test and the extrinsic test, the Ninth Circuit explained that the extrinsic test was designed to analyze whether the defendant had copied the idea of the plaintiff's 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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