300-12
314
Tests and answer material for tests. The Copyright Office will register claims to copyright in tests and machine scorable answer sheets provided the works contain a minimum level of original textual or compilation expression. The work may consist of a test, a test accompanied by an answer sheet, or merely an answer sheet. In a case where the work consists of an answer sheet lacking textual expression, registration can only be considered on the basis of substantial compilation authorship and the application should describe the extent of the claim as compilation. All such registrations are made under the rule of doubt. Answer sheets having insufficient elements on which to base a claim of compilation authorship are not registrable. This practice is in accord with the decision in Harcourt, Brace & World, Inc. v. Graphic Controls Corp., 329 F.Supp. 517, 38 C.O.Bull. 12 (S.D.N.Y. 1971).
315
Secure tests. Secure tests are nonmarketed tests administered under supervision at specified centers on specific dates, all copies of which are accounted for and either destroyed or returned to restricted locked storage following each administration. For these purposes a test is not marketed if copies are not sold but it is distributed and used in such a manner that ownership and control of copies remain with the test sponsor or publisher. This category encompasses tests used in conjunction with admissions to educational institutions, high school equivalency, placement in or credit for under graduate and graduate course work, awarding of scholarships and professional certification. See 37 C.F.R. 202.20(b)(4). In the case of tests, and answer material for tests, published separately from other literary works, the deposit of one complete copy will suffice in lieu of two copies. In the case of any secure test, the Copyright Office will return the deposit to the applicant promptly after examination, provided that sufficient portions, description, or the like are retained so as to constitute a sufficient archival record of the deposit. See 37 C.F.R. 202.20(c) (2)(vi). For further information on deposit, see Chapter 800: DEPOSIT FOR REGISTRATION.
[1984]
