Fillable Securetest Questionnaire Secure Test Questionnaire (U.S. Copyright Office)

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Securetest Questionnaire Secure Test Questionnaire (U.S. Copyright Office)

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1
UNITED STATES COPYRIGHT OFFICE
Questionnaire for Secure Tests and Questions, Answers,
and Other Items Prepared for Use in Secure Tests
The U.S. Copyright Office has established two special accommodations for examining and registering the
copyrightable authorship in a secure test. These procedures are meant to protect the confidential nature of
these works. The first permits the registration of a discrete secure test consisting of a fixed set of test
questions, answers, and other material. The other permits the registration of groups of test items that have
been prepared for use in a secure test. This procedure is known as the “group registration option for secure
test items” or “GRSTQ.” It provides a secure means for examining individual test items that are stored in a
database, test bank, or other storage medium. For purposes of registration, a test item comprises a
question (or “stem”), the correct answer to that question, any incorrect answer choices (or “distractors”),
and any associated material, such as a narrative passage or diagram.
Under both procedures, applicants submit an online application and filing fee and upload a completed
questionnaire and a redacted copy of the work(s) being registered. If the secure test or the group of test items
is scheduled for an in-person examination, applicants must bring a redacted and unredacted copy of the
actual test or the actual test items and the examination fee to the Office. For detailed instructions, see
Copyright Registration of Secure Tests and Test Items
(Circular 64).
The Office cannot determine if a work is eligible for an in-person appointment until you submit an online
application, pay the fee, upload a completed questionnaire, and upload a redacted copy of the entire test or
the entire group of test items being registered. If you do not submit these materials through the electronic
registration system, or if you file a paper application rather than an online application, we cannot consider
your claim.
Eligibility Requirements for Registration of Discrete Secure Tests
The special procedure for discrete secure tests only applies to tests consisting of a fixed set of test
questions, answers, and other material that are administered under supervision at specified centers on
scheduled dates where all copies of the test are accounted for and either destroyed or returned to
restricted locked storage following each administration.
See
37 CFR § 202.13(b). A set of test items that
are stored in – or pulled from – a database or test bank may be considered a secure test, but only if the
set represents an actual test that is administered to test takers at specified testing centers.
The Office created this special procedure due to the need for heightened security for certain types of
standardized tests. While all tests entail concerns about security, only a fraction of tests qualify as secure
tests under the regulatory definition. The Office reserves discretion to determine whether any particular
test meets all of the eligibility requirements for this special procedure.
Applicants that qualify for the secure test procedure must bring a complete, unredacted copy of the
actual test that is used at specified testing centers to the Office so that it may be examined for copyrightable
authorship. Instructional materials for individuals that administer or proctor a secure test may not be
eligible for this procedure.
You must file a separate application, pay a separate fee, and upload a separate questionnaire for each
test being registered. When registering multiple tests or multiple versions of the same secure test, you
must submit a separate application, fee, and questionnaire for each work. For examples that illustrate these
requirements, see
Copyrigh t Registratio n of Secure Tests and Test Items
(Circular 64).
2
Registration for a discrete secure test generally covers the authorship involved in creating the test as a
whole. In other words, it may cover the compilation authorship involved in selecting, coordinating, and
arranging the individual items that make up the test, if the selection, coordination, and/or arrangement
of those items is sufficiently creative. The registration also may cover the individual test items, but only if
the copyright claimant owns all of the exclusive rights in those items, and if they have not been previously
published or previously registered.
When examining a secure test, the examiner will review the test as a whole to determine if it contains a
sufficient amount of creative expression. To assert a claim in this type of authorship you should state
“compilation of test items” in the “Author Created” field. In addition to the compilation claim, you may
assert a claim in the individual questions by checking the box marked “text” or by stating “test items” in the
field marked “Other.” If you want to register a revised version of a preexisting test, you may state “revised
compilation of test items” in the “Author Created” and “New Material Included” fields.
Works That May Be Eligible For the Group Registration Option for Secure Test Items
The group registration option for secure test items may only be used to register individual test items that have
been prepared for use in a secure test. The items may be prepared for use in the same secure test or in multiple
versions of the same test. But to be clear, the group itself is not considered a secure test or a compilation of test
items.
You must file a separate application, pay a separate fee, and upload a separate questionnaire for each
group of test items. Applicants that qualify for the group registration option must bring a complete,
unredacted copy of the actual test items so that they may be examined for copyrightable authorship.
To assert a claim in each item, you may state “text” or “test items” in the “Author Created” field. If the items
have been updated or revised, you may state “revised test items” in the “Author Created” and “New Material
Included” fields. When examining these claims, the examiner will review each individual item to determine
if it contains a sufficient amount of creative expression. If any of the items are insufficiently creative, the
examiner will ask you to exclude them from the claim. If you decline to exclude those items, the examiner
will refuse
to register the entire claim. A group registration for secure test items does not cover the authorship (if any)
involved in selecting, coordinating, and/or arranging the individual items within a particular test or a
particular database or test bank. Therefore, claims in the “compilation of test items” or the “selection,
coordination, and/or arrangement of test items” will not be permitted on the application.
If the claim is approved, the registration will individually cover each test item, and each item will be
registered as a separate work.
IMPORTANT NOTE:
Do not check both boxes and do not complete both sets of questions. If you do, the examiner
will contact you to determine if you intend to register a secure test or a group of individual test items, which
will delay the examination of your claim.
Please select ONE of the following options:
Click here if you are registering a secure test. Then complete Questionnaire A on page 3.
Click here if you are registering a group of individual test items stored in a database
or test bank that were prepared for use in a secure test. Then complete Questionnaire B on page 4.
3
QUESTIONNAIRE A: For Registering One Secure Test
1.
Does your test qualify as a discrete secure test consisting of a fixed set of test questions,
answers, and other material under the Copyright Office’s regulations?
2.
Is your test a nonmarketed test?
A test is nonmarke ted if copies of the test are not sold, but instead are distributed and used in such a manner that the
test sponsor or publis her retains owners hi p and contro l of copies.
3.
Is your test administered under supervision?
A test is administere d under supervision if test procto rs or the equivalent supervis e the adminis tration of the test.
4.
Is your test administered at specified centers?
A specified center is defined as a physical locatio n where the test is administered to a number of test takers. An IP
address or the test taker’s residence does not qualify as a specified center.
5.
Is your test administered under secure conditions on scheduled dates?
6.
Are specific dates announced for the administration of this test at specified centers?
7.
Are all copies of the secure test accounted for and assembled, stored, and delivered in a secure
fashion?
8.
If the test is administered with physical booklets, are the copies either destroyed or returned to
restricted locked storage following each administration?
9.
What is the title of this test?
10.
Do all of the test takers receive identical copies of the test?
11.
If the copies are not identical, do the copies contain the same questions rearranged in a
different order?
12.
Is this a multi-part test?
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
4
13.
If so, what is the title for each part of the test?
14.
Does each part of the test cover the same subject or different subjects?
15.
Is your test administered with physical booklets?
16.
Does the test contain multiple booklets?
17.
If so, how many booklets are included within the test?
18.
What is the title of each booklet?
19.
Is your test administered with computers or other electronic devices?
20.
If so, do you plan to bring a printout of the entire test or an electronic storage device (such as
a CD-ROM, DVD, or flash drive that contains a copy of the entire test?
Please note that if you bring an electro nic storage device you must bring a laptop or other electronic device with a
screen wide enough to display both the redacted and unredacte d copies side-by-s ide. You also should bring an
appropri ate contain er for the electronic storage device, such as an envelope or jewel case.
21.
Did you upload a redacted copy of the entire test to the electronic registration system? (See
page 5 for examples of an acceptable submission.)
the same subject different subjects
Yes No
Yes No
Yes No
Yes No
Yes No
5
QUESTIONNAIRE B: For a Group Registration of Secure Test Items
1.
Were the test items prepared for use in a secure test?
2.
If so, what is the title of the secure test where these items have been used or will be used?
3.
Does the test identified in your response to Question
1
qualify as a secure test under the Copyright
Office’s regulations?
4.
Is your test a nonmarketed test?
A test is nonmarke ted if copies of the test are not sold, but instead are distributed and used in such a manner that the test
sponsor or publisher retains owners hip and control of copies.
5.
Is your test administered under supervision
A test is administere d under supervision if test proctors or the equivalent supervis e the adminis tration of the test.
6.
Is your test administered at specified centers?
A specified center is defined as a physical locatio n where the test is administered to a number of test takers. An IP
address or the test taker’s residence does not qualify as a specified center.
7.
Is your test administered under secure conditions on scheduled dates?
8.
Are specific dates announced for the administration of this test at specified centers?
9.
Are all copies of the secure test accounted for and assembled, stored, and delivered in a secure
fashion?
10.
If the test is administered with physical booklets, are the copies either destroyed or returned to
restricted locked storage following each administration?
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
6
11.
Are the test items stored in a database, test bank, or other electronic storage medium?
12.
Are the items stored in a secure manner?
13.
How many test items do you intend to register?
14.
Do you plan to bring a printout of all test items or an electronic storage device (such as a CD-ROM,
DVD, or flash drive) that contains a copy of the all test items?
Please note that if you bring an electro nic storage device you must bring a laptop or other electronic device with a screen
wide enough to display both the redacte d and unredacted copies side-by-s ide. You also should bring an appropriate
container for the electron ic storage device, such as an envelope or jewel case.
15.
Did you upload a redacted copy of each test item to the electronic registration
system? (See page 6 for examples of an acceptable submission.)
16.
Did you number the test items?
Yes No
Yes No
Yes No
Yes No
Yes No
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Completed 15 July 2020

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