March 2014  LACBA MCLE Test and Answer Sheet

Test No. 233: The Art of Appropriation

To access the article related to this test, please click here.
Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education legal ethics 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. The first factor of a fair use analysis is whether and to what extent the challenged use is transformative.

2. The second factor is the economic value of the copyrighted work.

3. In Cariou v. Prince, the Second Circuit ruled that the third factor--the amount and substantiality of the portion used in relation to the original work as a whole--weighed in Prince's favor.

4. In Cariou, the court noted that the more transformative the use, the less significant the fourth factor is.

5. There are six statutory fair use factors for courts to consider.

6. The title of the Richard Prince series at issue in Cariou is:

7. Prince was the sole defendant in Cariou.

8. Prince testified at his deposition that his work was not intended to communicate a message.

9. The district court held in Cariou that transformative fair use requires the secondary use to comment on the original work.

10. The Second Circuit held that 25 of Prince’s artworks in the series constituted fair use.

11. The Second Circuit remanded the case as to 10 of the artworks at issue.

12. Cariou has made more than $1 million from sales of his works at issue in the case.

13. Cariou characterized the Second Circuit's approach to fair use as "I know it when I see it."

14. Prince petitioned to have certain aspects of the Second Circuit’s opinion reheard en banc.

15. Scholars have observed little or no correlation between judicial findings of transformativeness and fair use.

16. In Seltzer v. Green Day, Inc., the Ninth Circuit held that the band Green Day's use of the plaintiff's illustration was entitled to a fair use defense.

17. In Rogers v. Koons, the court concluded that artist Jeff Koons’s work was a parody.

18. The photograph at issue in Blanch v. Koons first appeared in which magazine?

19. In Mattel v. Walking Mountain Productions, the Ninth Circuit held that a series of photographs of Mattel’s famous Barbie doll was not transformative fair use because they could not reasonably be perceived as a parody.

20. The photograph at issue in Morris v. Guetta was of which musician?

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* 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 legal ethics credit by the State Bar of California in the amount of one hour.