Secure Tests Rulemaking
The United States Copyright Office is issuing an interim rule governing its special procedure for examining secure tests. The interim rule memorializes some of the Office’s existing procedures for examining these types of works, while updating its procedures to increase the efficiency of the examination process.
Under the new rule, applicants must, among other things, submit an online application, a redacted copy of the entire test, and a brief questionnaire about the test through the electronic registration system. This procedure will allow the Office to pre-screen an application to determine whether the work qualifies as a secure test. Only applicants whose works qualify will be granted an in-person examination appointment at the Copyright Office. During the appointment, the Office will examine the test as a whole to determine if it contains sufficient copyrightable authorship. The Office will no longer examine databases or computer programs used to administer secure tests under the special procedure for secure tests.