May 2016 LACBA MCLE Test and Answer Sheet

Test No. 257: Fairly Simple

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 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. Scholars have indicated that patterns can be found in subgroups of fair use cases to allow for more predictability in outcomes.

2. For nonfiction works, an affirmative answer to the three questions posed by the authors will predict fair use.

3. The safe harbor approach may not be applied to nonfiction films that include fictional elements.

4. An example of fair use is the incorporation of a copyright-protected item into the background of a film’s scene in an incidental and fortuitous manner.

5. A commercial use is a dispositive factor in the court’s fair use analysis.

6. One may never use 100 percent of an unlicensed asset pursuant to fair use.

7. Material used primarily for its entertainment value is permissible pursuant to fair use.

8. Courts have applied the fair use doctrine to fictional films that are based on realistic settings.

9. An unlicensed item may appear blatantly and prominently in a film but still be deemed a de minimis use.

10. If a filmmaker does not attempt to seek permission or a license before using a creator’s copyrighted work, the court will find that the filmmaker acted in bad faith.

11. In Gottlieb v. Paramount, the court found that a film’s inclusion of a pinball machine in the background of a three-and-a-half-minute scene was a de minimis use.

12. The statutory fair use factors listed in the 1976 Copyright Act are exclusive and exhaustive.

13. The fair use doctrine may not be applied to cases involving music, books, or software.

14. If a filmmaker looks for but is unable to locate the copyright owner of a copyright-protected asset, that asset is:

15. In Amsinck v. Columbia, the court found that Columbia did not “copy” the plaintiff’s three-dimensional artwork when it used a mobile bearing the artwork because the mobile was different in nature from the plaintiff’s copyrighted design..

16. The appellate court in Ringgold v. BET affirmed the lower court’s holding that the defendant’s use of the poster depicting the quilt was de minimis.

17. The first safe harbor question asks whether the asset does which of the following with regards to the point that the creator is trying to make in the new work?

18. The second safe harbor question uses the following language related to the permissible amount of the unlicensed asset used in the new work:

19. The clip of John Lennon’s song “Imagine” as used in the documentary EXPELLED was not a fair use.

20. Judge Pierre Leval set the proper standard for determining the amount of an item that can be used pursuant to fair use as “reasonably appropriate” in Authors Guild v. Google.


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.