Copyright Office Updates Rules for Secure Tests

 he United States Copyright Office has implemented five interim rules to regulate the examination of secure tests. These rules aim to streamline the examination process while ensuring efficiency and fairness.

The first interim rule, issued on June 12, 2017, outlines the application procedure for secure tests. Applicants are now required to submit an online application, a redacted copy of the entire test, and a brief questionnaire through the electronic registration system. This allows the Copyright Office to review applications and determine if the work qualifies as a secure test. Only eligible applicants will be granted an in-person examination appointment, during which the Office will assess the copyrightable elements of the test. The second interim rule, issued on November 13, 2017, introduces a new registration option for secure test questions and answers, as well as related materials stored in electronic databases or test banks.

On May 8, 2020, the Office issued an interim rule that modified the definition of a secure test to accommodate the COVID-19 pandemic. Previously, secure tests were required to be administered at specific centers. However, due to remote testing necessitated by the national emergency, the rule was amended to allow remotely administered tests to qualify as secure tests, provided the test administrators implemented security measures equivalent to in-person proctoring. Recognizing the ongoing impact of the pandemic, on February 19, 2021, the Office issued another interim rule permitting applicants to request a remote examination via secure videoconference for secure test registrations. This adjustment aimed to facilitate the examination process while adhering to social distancing measures.

In its most recent interim rule issued on June 1, 2023, the Office extended the provisions of the May 8, 2020, interim rule indefinitely. This rule removes the expiration date tied to the national emergency and maintains the expanded definition of secure tests under the same conditions as outlined in the 2020 interim rule. These interim rules provide a framework to ensure that secure tests receive fair and thorough examination by the Copyright Office. By adapting to the changing landscape, including remote testing due to the COVID-19 pandemic, the Office strives to uphold the integrity and security of secure tests while accommodating evolving circumstances.

Source:https://copyright.gov/rulemaking/securetests/?loclr=eanco