Secure Tests, 10174-10177 [2021-03097]
Download as PDF
10174
Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Rules and Regulations
the event sponsor to grant general
permission to enter the regulated area.
Dated: February 11, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2021–03312 Filed 2–18–21; 8:45 am]
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 202
[Docket No. 2017–8]
Secure Tests
U.S. Copyright Office, Library
of Congress.
ACTION: Interim rule.
AGENCY:
The U.S. Copyright Office is
issuing an interim rule amending its
regulations governing the registration of
copyright claims in secure tests and
secure test items in order to address a
temporary disruption caused by the
COVID–19 pandemic. The interim rule
allows for examination of these claims
via secure videoconference during the
national emergency.
DATE: Effective February 19, 2021.
FOR FURTHER INFORMATION CONTACT:
Regan A. Smith, General Counsel and
Associate Register of Copyrights,
regans@copyright.gov, or Robert J.
Kasunic, Associate Register of
Copyrights and Director of Registration
Policy and Practice, rkas@copyright.gov.
They can be reached by telephone at
202–707–3000.
SUPPLEMENTARY INFORMATION:
SUMMARY:
tkelley on DSKBCP9HB2PROD with RULES
I. Background
Under section 408 of the Copyright
Act, the U.S. Copyright Office is
responsible for registering copyright
claims.1 In so doing, the Office is
obligated to obtain a registration deposit
that is sufficient to verify the claim and
to provide an archival record of what
was examined and registered.2 Deposits
of unpublished material must be kept
for the full term of copyright
protection,3 and all deposits are
available for public inspection.4 The
Act, however, authorizes the Office to
issue regulations establishing ‘‘the
nature of the copies . . . to be
deposited’’ in specific classes of works
and to ‘‘permit, for particular classes,
1 17
U.S.C. 408.
408(b), 705(a).
3 Id. 704(d).
4 Id. 705(b).
2 Id.
VerDate Sep<11>2014
16:57 Feb 18, 2021
Jkt 253001
the deposit of identifying material
instead of copies or phonorecords.’’ 5
Pursuant to that authority, the Office
has long provided special registration
procedures for ‘‘secure tests’’ that
require the maintenance of
confidentiality of their contents. These
tests include tests ‘‘used in connection
with admission to educational
institutions, high school equivalency,
placement in or credit for undergraduate
and graduate course work, awarding of
scholarships, and professional
certification.’’ 6 Current regulations
define a secure test as ‘‘a nonmarketed
test administered under supervision at
specified centers on scheduled dates, all
copies of which are accounted for and
either destroyed or returned to restricted
locked storage or secure electronic
storage following each
administration.’’ 7
On June 12, 2017, the Office issued an
interim rule (the ‘‘June 2017 Interim
Rule’’) that memorialized certain
aspects of its secure test procedure and
adopted new processes to increase the
efficiency of its examination of such
works.8 Under this 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.9 This procedure
allows the Office to prescreen an
application to determine whether the
work appears to be eligible for
registration as a secure test. If the test
appears to qualify, the Office will
schedule an in-person appointment for
examination of an unredacted copy of
the test.10 All in-person appointments
take place at the Copyright Office,
located in Washington, DC, at the James
Madison Memorial Building of the
Library of Congress.
During the in-person meeting, the
examiner reviews the redacted and
unredacted copies in a secure location
in the presence of the applicant or its
representative.11 If the examiner
determines that the relevant legal and
formal requirements have been met, he
or she will register the claim(s) and add
5 Id.
408(c)(1).
FR 59302, 59304 & n.2 (Nov. 16, 1977); see
also 43 FR 763, 768 (Jan. 4, 1978) (adopting the
definition of a secure test).
7 37 CFR 202.13(b)(1).
8 82 FR 26850 (June 12, 2017); see 37 CFR 202.13,
202.20(b)(3), (c)(2)(vi) (implementing the June 2017
Interim Rule).
9 37 CFR 202.13(c)(2).
10 Id.
11 The applicant must bring to the meeting,
among other materials, a signed declaration
confirming that the redacted copy brought to the
meeting is identical to the redacted copy that was
uploaded to the electronic registration system. Id.
202.13(c)(3)(iv).
6 42
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
an annotation to the certificate reflecting
that the work was examined under the
secure test procedure. The registration is
effective as of the date that the Office
received—in proper form—the
application, filing fee, and the redacted
copy that was uploaded to the electronic
registration system.12 The June 2017
Interim Rule thus gives applicants the
benefit of establishing as their effective
date of registration the date when those
redacted materials are initially
submitted to, and received by, the Office
electronically, rather than the later date
when the in-person examination of the
unredacted material takes place.
In response to concerns raised by
stakeholders following the June 2017
Interim Rule, the Office issued a second
interim rule on November 13, 2017 (the
‘‘November 2017 Interim Rule’’) to
permit the registration of a group of test
items (i.e., sets of questions and
answers) stored in a database or test
bank and used to create secure tests.13
For these claims, the November 2017
Interim Rule adopted most of the
registration procedures that apply to
secure tests under the June 2017 Interim
Rule.
On May 8, 2020, the Office issued a
third interim rule to address a
disruption caused by the COVID–19
pandemic (the ‘‘May 2020 Interim
Rule’’).14 Specifically, certain tests that
normally would qualify for registration
as secure tests could be rendered
ineligible for this option, because they
were being administered remotely rather
than at specified testing centers due to
pandemic-related restrictions. The
interim rule amended the definition of
a ‘‘secure test’’ to allow otherwiseeligible tests currently being
administered online during the national
emergency to qualify as secure tests,
provided the test administrator
employed sufficient security
measures.15 The rule did not specify
particular measures required to meet
this standard, in order to afford
applicants flexibility to tailor such
processes to their specific needs. The
Office noted that the rule did not alter
the requirement that a secure test be
administered ‘‘under supervision,’’
meaning that ‘‘test proctors or the
equivalent supervise the administration
of the test.’’ 16
12 82
FR at 26853.
FR 52224 (Nov. 13, 2017). See 37 CFR
202.4(b), (k), 202.13 (implementing the November
2017 Interim Rule).
14 85 FR 27296 (May 8, 2020). See 37 CFR
202.13(b)(1) (implementing the May 2020 Interim
Rule).
15 37 CFR 202.13(b)(1).
16 85 FR at 27298; see 37 CFR 202.13(b)(3).
13 82
E:\FR\FM\19FER1.SGM
19FER1
Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Rules and Regulations
tkelley on DSKBCP9HB2PROD with RULES
The Office made clear that the
modifications made under the May 2020
Interim Rule were temporary and would
last only until the COVID–19 emergency
ended.17 The Office also noted that the
accommodation made under the May
2020 Interim Rule was not
determinative of the final rule in this
proceeding, but that the Office would
monitor the operation of the rule to
evaluate whether and under what
conditions tests that are remotely
administered by the test publishers
should qualify as ‘‘secure tests’’ under
the Office’s regulations once the
emergency period ends.18
The Office also noted that it was
exploring possible options to examine
secure test claims via secure
videoconference. To that end, the Office
invited comments on the technological
requirements that would be needed for
test publishers to participate if the
Office decided to implement such a
process. The Office specifically sought
comment on the feasibility of using the
WebEx platform for remote
examination, as that program is
currently supported by the Library of
Congress.19 The Office received five
comments in response.20 As discussed
further below, the comments generally
supported the use of WebEx, or other
secure videoconferencing platforms.21
The comments also reiterated
previous concerns regarding the Office’s
‘‘secure test’’ definition set forth in 37
CFR 202.13(b), primarily the
requirement that a test must be
administered on ‘‘scheduled dates’’ at a
‘‘specified center’’ where ‘‘test takers are
physically assembled at the same
time.’’ 22 NCTA and ATP referred to
points previously made by several
commenters in this proceeding ‘‘that
existing testing technology already
supports the identical testing outcomes
17 Pursuant to her authority under section 710(a)
of the Copyright Act, the Register determined that
the disruptions to the copyright system resulting
from the national emergency remain in effect as of
January 7, 2021. See U.S. Copyright Office,
Copyright Office Further Extends Timing
Adjustments for Persons Affected by the COVID–19
Emergency (Jan. 7, 2021), https://
www.copyright.gov/newsnet/2021/871.html.
18 85 FR at 27298.
19 Id.
20 The public comments received in this
proceeding may be accessed from the Office’s
website at https://www.copyright.gov/rulemaking/
securetests/.
21 See Comments of the National College Testing
Association at 7–8 (June 8, 2020) (‘‘NCTA
Comments’’); Comments of Association of Test
Publishers at 9–11 (June 8, 2020) (‘‘ATP
Comments’’); Comments of Association of American
Medical Colleges at 1–2 (June 5, 2020) (‘‘AAMC
Comments’’); Comments of Educational Testing
Service (May 20, 2020) (‘‘ETS Comments’’).
22 See NCTA Comments at 4; ATP Comments at
6–7.
VerDate Sep<11>2014
16:57 Feb 18, 2021
Jkt 253001
provided’’ in the May 2020 Interim
Rule.23 They contend that the Office’s
‘‘attempt to limit the [May 2020] Interim
Rule to tests that were ‘formerly
conducted in person’ fails to recognize
that there is simply no difference in at
home/remote proctored testing because
of COVID–19—the same type of testing
that was occurring on a daily basis
before COVID–19, and will continue to
occur in exactly the same manner
following a time when in-person testing
may resume.’’ 24 They conclude ‘‘there
is no basis for requiring users of the
[May] 2020 Interim Rule to ‘return’ to
in-person testing’’ whenever the
national emergency ends and urge the
Office to make the May 2020 Interim
Rule permanent.25
II. The Interim Rule
While the Office continues to evaluate
the secure tests regulations as a whole—
taking into consideration the concerns
of test publishers expressed throughout
this rulemaking—to determine whether
changes may be warranted before
issuing a final rule, it issues this
additional interim rule to allow for the
remote examination of secure test
claims by Copyright Office staff during
the national emergency. Although
applicants continue to submit these
claims during the Office’s closure, the
Office cannot conduct in-person
examinations. As a result, the Office
now has more than 1,500 secure test
claims pending and expects that this
number will otherwise continue to grow
for the duration of the COVID–19
emergency. The accumulation of claims
has created a backlog of secure test
claims that cannot be examined until
the Office resumes normal operations.
To address this issue, the Office has
devised a process that it is now
adopting that will allow its staff to
perform secure test examinations
remotely during the national emergency.
A. Examination Under the Existing
Rules and Considerations for a Remote
Examination Process
Currently, applicants seeking
registration of a secure test or a group
of secure test items must submit the
following materials through the Office’s
electronic registration system: (1) The
application, (2) a filing fee, (3) a brief
questionnaire, and (4) a redacted copy
of the work(s). The examiner assigned to
the claim reviews the submitted
materials to determine if the work(s)
qualify as a secure test or secure test
23 NCTA
Comments at 4; ATP Comments at 5.
24 NCTA Comments at 4; ATP Comments at 5–6.
25 NCTA Comments at 4; ATP Comments at 6.
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
10175
items.26 If so, the examiner contacts the
applicant to schedule an in-person
appointment.
At the in-person examination, under
the 2017 Interim Rules, applicants are
required to bring the following materials
to the Office: (1) A copy of the
completed online application, (2) a
nonrefundable secure test examination
fee (calculated on an hourly basis), (3)
a copy of the redacted version of the
work(s) uploaded to the electronic
registration system, (4) a signed
declaration that the redacted copy
brought to the in-person appointment is
identical to the redacted copy uploaded
through the electronic registration
system, and (5) an unredacted copy of
the actual test that is administered to
test takers at specified centers on
scheduled dates or an unredacted copy
of the actual test items included in the
group registration. The redacted and
unredacted copies may be brought to the
appointment in electronic form,
provided they are stored on a CD–ROM,
DVD, flash drive, or other external
storage device. In such cases, the
applicant must bring a laptop or other
electronic device for the examiner to
view the secure test materials. In
recognition that the national
coronavirus emergency made testing
administration at specified centers
infeasible, the May 2020 Interim Rule
temporarily suspended this
requirement, ‘‘provided the test
administrator employs measures to
maintain the security and integrity of
the test that it reasonably determines to
be substantially equivalent to the
security and integrity provided by inperson proctors.’’ 27
The examiner then reviews the
redacted and unredacted copies in the
applicant’s presence. Upon completion
of the in-person examination, the
examiner will stamp the date of the
appointment on the redacted and
unredacted copies. If paper copies are
examined, the examiner date-stamps
both the redacted and unredacted
versions. If electronic copies are
examined, the examiner places the
external storage device (such as a flash
drive, CD, etc.) in its container, seals the
container with tamper-proof tape,
stamps the date of the appointment on
a label, and applies that label to the
container. Then the examiner returns
the physical or electronic copies to the
applicant. The signed declaration and
the previously uploaded redacted copy
of the work(s) are retained in the
26 For ease of reference, the term ‘‘secure tests’’
is used interchangeably in this notice to refer to
both secure tests and groups of secure test items.
27 37 CFR 202.13(b)(1); 85 FR at 27298.
E:\FR\FM\19FER1.SGM
19FER1
10176
Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Rules and Regulations
tkelley on DSKBCP9HB2PROD with RULES
Office’s records and may be made
available to the public under
appropriate circumstances. If the
work(s) contain sufficient creative
authorship, a registration certificate will
be mailed to the applicant within a few
weeks of approval. Because of the
national emergency, in-person
examinations have been suspended
since March 2020.
The comments received in response to
the May 2020 Interim Rule suggested
various security protocols and other
procedures for the Office to consider in
implementing remote examination. The
National College Testing Association
(NCTA) supported examination by
videoconference and suggested various
software protocols that the Office could
consider to maintain security, such as
confirming compliance with National
Institute of Standards and Technology
(‘‘NIST’’) Federal Information
Processing Standards, employment of
appropriate encryption techniques, and
enhanced training of Office examiners
in the use of secure virtual meeting
technologies.28 The Association of Test
Publishers (ATP) echoed these
suggestions and also suggested that the
Office employ dual screen control and
dual scrolling software.29 The
Association of American Medical
Colleges (AAMC) endorsed the use of
WebEx, and suggested that for security
reasons, the applicant should be the
host of any teleconference.30
After reviewing these comments, the
Literary Division of the Registration
Program solicited responses from
frequent submitters of secure test
applications to determine their
willingness and ability to participate in
a ‘‘test run’’ of a remote examination.
The National Board of Medical
Examiners (‘‘NBME’’) expressed interest
in participating. NBME proposed that
the ‘‘test run’’ be conducted using a
fabricated deposit copy created
specifically for use in the ‘‘test run;’’ the
remote examination would be
performed through the WebEx platform,
28 NCTA Comments at 7–8. NCTA also stated that
the Office should permanently adopt the principal
alterations in the 2020 Interim Rule—particularly
allowing remote testing, remote proctoring, and
electronic storage of tests. Id. at 3–6.
29 ATP Comments at 9–11. ATP also suggested
that the Office create a document that contains the
material being registered that was returned to the
applicant, in essence, generating the unredacted
deposit. Id. The interim rule retains that
responsibility with the applicant. ATP also stated
that the Office should adopt many of the interim
rule changes permanently, principally remote
testing and proctoring, and secure electronic
storage. Id. at 4–9.
30 AAMC Comments at 1–2.
VerDate Sep<11>2014
16:57 Feb 18, 2021
Jkt 253001
since it is currently supported by the
Library.31
The ‘‘test run’’ examination took place
on June 12, 2020. NBME set up the 30minute appointment through WebEx
and provided the link to the examiner.
NBME shared its computer screen with
the examiner through WebEx and
displayed redacted and unredacted
deposit copies side-by-side, as would
occur at an in-person examination.
NBME used the dual-scrolling software
‘‘Setup Scrolling,’’ which allows for the
viewing of two PDF documents side-byside and scrolling through both
documents at the same time, while
keeping the pages from each document
aligned. This feature permits the
examiner to easily compare the two PDF
documents. NBME gave the examiner
control of its computer in order to scroll
through and examine the deposit
material, much in the same manner and
at the same speed as in an in-person
examination.
Overall, the remote examination
proceeded smoothly. NBME, however,
raised several logistical issues,
including questions regarding the
submission of the signed declaration
and the date-stamping of the unredacted
deposit. The Office has developed
proposed solutions to these issues,
addressed below. Given the success of
the ‘‘test run,’’ the Office now is
prepared to move forward with the
examination of secure test applications
through secure videoconference for the
duration of the national emergency.
B. The Remote Examination Procedure
Under This Interim Rule
Based on this input, the Office is now
adopting a procedure for examining
secure tests that is generally the same as
outlined in the current regulation,
except as described below.32
Participation in the process set forth in
today’s Interim Rule is strictly
voluntary. Applicants may opt for an inperson examination, recognizing that
such examinations cannot occur until
the national emergency ends and the
Office resumes normal operations.
Applicants are still required to submit
the application, filing fee, questionnaire,
and redacted copy of the work(s)
through the electronic registration
system. As before, the examiner will
review these materials to determine if
the work(s) qualifies as a secure test or
31 See 85 FR at 27298. No registrations were
issued as a result of this test run; it was conducted
solely to determine the feasibility of the process.
32 Today’s interim rule provides an overview of
how remote examination will work; more detailed
instructions can be found in the Office’s circular on
secure tests (Circular 64), available at https://
www.copyright.gov/circs/.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
a group of secure test items. If any
issues arise during this review, the
examiner will communicate with the
applicant to resolve such issues before
scheduling a remote examination.
Once any issues regarding the
submitted materials have been resolved,
the examiner will work with the
applicant to schedule the appointment
for the remote examination. The
applicant is responsible for setting up
the appointment through the WebEx
platform or other similar
teleconferencing platforms that have
been approved for use by the Library of
Congress,33 and sending the
videoconference information to the
email address provided by the
examiner.
The day before the scheduled
appointment, the examiner will enable
the ‘‘Upload Deposit’’ function in the
electronic registration system to allow
the applicant to upload the declaration
form attesting that the redacted copy
uploaded through the system and the
redacted copy displayed at the remote
examination are identical. The
declaration must include a legally
binding signature. The Office will
accept an electronic signature as defined
in 15 U.S.C. 7006, such as ‘‘/s/ Jane
Doe,’’ a digital image of a handwritten
signature on the form, or other verified
electronic signature. By contrast, the
applicant need not supply a completed
copy of the online application; the
examiner can retrieve a copy from the
electronic registration system, if
necessary.
On the day of the appointment, the
examiner will log into the approved
teleconferencing platform at the
appropriate time using the information
provided by the applicant. All
participants must use a personal
computer that has a camera and a
microphone so that the applicant and
examiner will be able to see and
communicate with each other during
the videoconference. During the
examination, the applicant will pull up
the redacted and unredacted copies
side-by-side when instructed by the
examiner. The applicant must have socalled ‘‘dual-scrolling’’ software that is
compatible with the teleconferencing
platform being used in order to
participate in a remote examination
allowed under today’s interim rule. The
applicant must remain available to
answer any questions the examiner may
have during the course of the
examination.
33 In its circular on secure tests, the Office will
provide a representative list of software programs
that provide this functionality.
E:\FR\FM\19FER1.SGM
19FER1
tkelley on DSKBCP9HB2PROD with RULES
Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Rules and Regulations
Normally, at the conclusion of the inperson examination, the examiner
would date-stamp the redacted and
unredacted paper copies of the deposit,
or, if the applicant brought electronic
copies to the appointment, the examiner
would place the physical storage device
in its container, seal the container with
tamper-proof tape, stamp the date of the
appointment on a label, and apply that
label to the container.
As this step is not possible in a
remote examination, applicant will be
responsible for maintaining its copy of
the unredacted deposit, in the event it
is needed for litigation or other
purposes. The interim rule specifies that
the metadata of the unredacted deposit
file must include the date of the
examination, and the service request
number generated by the electronic
registration system. The redacted
deposit that was uploaded to the
electronic registration system can be
used to identify the material examined
by the Office by comparing the redacted
and unredacted copies examined during
the videoconference session to
determine if they match. In connection
with the Office’s overall continuing
analysis of the registration option for
secure tests, the Office is considering
whether to impose a records retention
requirement upon applicants who
register under these conditions, similar
to other regulatory records retention
provisions.34
After the appointment, the examiner
will prepare a Secure Test Appointment
Receipt, containing the following
information: (1) Date of appointment; (2)
time of appointment; (3) name of work
examined; (4) name of examiner
conducting examination; (5) applicant’s
representative(s); and (6) the fee charged
per hour. This receipt will be uploaded
into the record in the electronic
registration system. The examiner will
email a copy of this receipt to the
applicant, along with instructions for
submitting the secure test examination
fee.35 The fee must be paid through
pay.gov or charged to an active deposit
account. The Office will not issue a
registration certificate until it receives
full payment of this fee. Calculation of
the fee will be done on an hourly basis,
in the same manner as for an in-person
examination.
If the Office issues a registration
certificate, the examiner will add an
annotation that includes the date of the
appointment. The effective date of
registration will be the date that the
Office received—in proper form—the
34 See, e.g., 37 CFR 210.27(m); 85 FR 58114,
58154 (Sept. 17, 2020).
35 See 37 CFR 201.3(d)(5).
VerDate Sep<11>2014
16:57 Feb 18, 2021
Jkt 253001
application, filing fee, and the redacted
copy of the test that was uploaded to the
electronic registration system,
consistent with the current procedure.36
As with the other interim rules issued
in this proceeding, the Office will
monitor the operation of today’s interim
rule to evaluate whether remote
examination of secure tests and groups
of secure test items via secure
videoconference should continue once
the national emergency period ends.
The Office understands the concerns of,
and importance to, test publishers that
the definition for a ‘‘secure test’’ reflect
the current testing practices and testing
technology, as well as other issues
raised by commenters throughout this
rulemaking proceeding. The Office takes
these concerns seriously and continues
to carefully consider them. The Office
anticipates issuing a future separate
notice that will revisit the regulatory
definition for a ‘‘secure test.’’
In light of the ongoing national
emergency, the Copyright Office finds
good cause to publish these
amendments as an interim rule effective
immediately, and without first
publishing a notice of proposed
rulemaking, ‘‘because of the
demonstrable urgency of the conditions
they are designed to correct.’’ 37
List of Subjects in 37 CFR Part 202
Copyright, Preregistration and
Registration of Claims to Copyright.
For the reasons set forth in the
preamble, the Copyright Office amends
37 CFR part 202 as follows:
PART 202—PREREGISTRATON AND
REGISTRATION OF CLAIMS TO
COPYRIGHT
1. The authority citation for part 202
continues to read as follows:
■
Authority: 17 U.S.C. 408(f), 702.
2. Amend § 202.13 as follows:
a. In paragraph (c)(1), remove
‘‘standard application’’ and add
‘‘Standard Application’’ in its place;
■ b. Revise paragraph (c)(2);
■ c. In paragraph (c)(3) introductory
text, remove ‘‘bring’’ and add in its
place ‘‘provide’’; and
■ d. Revise paragraph (c)(3)(v) and
(c)(4).
The revisions read as follows:
■
■
§ 202.13
*
*
Secure tests.
*
*
*
36 See
82 FR at 26853.
Rep. No. 79–1980, at 260 (1946). See 5
U.S.C. 553(b)(3)(B) (notice and comment is not
necessary upon agency determination that it would
be ‘‘impracticable, unnecessary, or contrary to the
public interest’’); id. at 553(d) (30-day notice not
required where agency finds good cause).
37 H.R.
PO 00000
Frm 00007
Fmt 4700
Sfmt 9990
10177
(c) * * *
(2) In case of a secure test, the
applicant must submit a redacted copy
of the entire test. In the case of a group
of test items prepared for use in a secure
test, the applicant must submit a
redacted copy of each test item. In all
cases the redacted copy must contain a
sufficient amount of visible content to
reasonably identify the work(s). In
addition, the applicant must complete
and submit the secure test questionnaire
that is posted on the Copyright Office’s
website. The questionnaire and the
redacted copy must be contained in
separate electronic files, and each file
must be uploaded to the electronic
registration system in Portable
Document Format (PDF). The Copyright
Office will review these materials to
determine if the work(s) qualify for an
examination under secure conditions. If
they appear to be eligible, the Copyright
Office will contact the applicant to
schedule an appointment to examine an
unredacted copy of the work(s). The
examination may be conducted inperson or through remote access as
directed by the instructions provided on
the Office’s website.
(3) * * *
(v) In the case of a secure test, the
applicant must provide an unredacted
copy of the entire test. In the case of a
group of test items prepared for use in
a secure test, the applicant must provide
an unredacted copy of all the test items.
The applicant shall include the
following information in the metadata of
an unredacted electronic file:
(A) The date of the examination; and
(B) The service request number
generated by the electronic registration
system.
(4) The Copyright Office will examine
the copies specified in paragraphs
(c)(3)(iii) and (v) of this section under
secure conditions. The Office will retain
the signed declaration and the redacted
copy that was uploaded to the electronic
registration system. If the examination is
conducted in-person, the Office will
stamp the date of the appointment on
the copies and will return them to the
applicant when the examination is
complete.
*
*
*
*
*
Dated: February 3, 2021.
Shira Perlmutter,
Register of Copyrights and Director of the
U.S. Copyright Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2021–03097 Filed 2–18–21; 8:45 am]
BILLING CODE 1410–30–P
E:\FR\FM\19FER1.SGM
19FER1
Agencies
[Federal Register Volume 86, Number 32 (Friday, February 19, 2021)]
[Rules and Regulations]
[Pages 10174-10177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03097]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 202
[Docket No. 2017-8]
Secure Tests
AGENCY: U.S. Copyright Office, Library of Congress.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Copyright Office is issuing an interim rule amending
its regulations governing the registration of copyright claims in
secure tests and secure test items in order to address a temporary
disruption caused by the COVID-19 pandemic. The interim rule allows for
examination of these claims via secure videoconference during the
national emergency.
DATE: Effective February 19, 2021.
FOR FURTHER INFORMATION CONTACT: Regan A. Smith, General Counsel and
Associate Register of Copyrights, [email protected], or Robert J.
Kasunic, Associate Register of Copyrights and Director of Registration
Policy and Practice, [email protected]. They can be reached by
telephone at 202-707-3000.
SUPPLEMENTARY INFORMATION:
I. Background
Under section 408 of the Copyright Act, the U.S. Copyright Office
is responsible for registering copyright claims.\1\ In so doing, the
Office is obligated to obtain a registration deposit that is sufficient
to verify the claim and to provide an archival record of what was
examined and registered.\2\ Deposits of unpublished material must be
kept for the full term of copyright protection,\3\ and all deposits are
available for public inspection.\4\ The Act, however, authorizes the
Office to issue regulations establishing ``the nature of the copies . .
. to be deposited'' in specific classes of works and to ``permit, for
particular classes, the deposit of identifying material instead of
copies or phonorecords.'' \5\
---------------------------------------------------------------------------
\1\ 17 U.S.C. 408.
\2\ Id. 408(b), 705(a).
\3\ Id. 704(d).
\4\ Id. 705(b).
\5\ Id. 408(c)(1).
---------------------------------------------------------------------------
Pursuant to that authority, the Office has long provided special
registration procedures for ``secure tests'' that require the
maintenance of confidentiality of their contents. These tests include
tests ``used in connection with admission to educational institutions,
high school equivalency, placement in or credit for undergraduate and
graduate course work, awarding of scholarships, and professional
certification.'' \6\ Current regulations define a secure test as ``a
nonmarketed test administered under supervision at specified centers on
scheduled dates, all copies of which are accounted for and either
destroyed or returned to restricted locked storage or secure electronic
storage following each administration.'' \7\
---------------------------------------------------------------------------
\6\ 42 FR 59302, 59304 & n.2 (Nov. 16, 1977); see also 43 FR
763, 768 (Jan. 4, 1978) (adopting the definition of a secure test).
\7\ 37 CFR 202.13(b)(1).
---------------------------------------------------------------------------
On June 12, 2017, the Office issued an interim rule (the ``June
2017 Interim Rule'') that memorialized certain aspects of its secure
test procedure and adopted new processes to increase the efficiency of
its examination of such works.\8\ Under this 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.\9\ This procedure allows the Office to
prescreen an application to determine whether the work appears to be
eligible for registration as a secure test. If the test appears to
qualify, the Office will schedule an in-person appointment for
examination of an unredacted copy of the test.\10\ All in-person
appointments take place at the Copyright Office, located in Washington,
DC, at the James Madison Memorial Building of the Library of Congress.
---------------------------------------------------------------------------
\8\ 82 FR 26850 (June 12, 2017); see 37 CFR 202.13,
202.20(b)(3), (c)(2)(vi) (implementing the June 2017 Interim Rule).
\9\ 37 CFR 202.13(c)(2).
\10\ Id.
---------------------------------------------------------------------------
During the in-person meeting, the examiner reviews the redacted and
unredacted copies in a secure location in the presence of the applicant
or its representative.\11\ If the examiner determines that the relevant
legal and formal requirements have been met, he or she will register
the claim(s) and add an annotation to the certificate reflecting that
the work was examined under the secure test procedure. The registration
is effective as of the date that the Office received--in proper form--
the application, filing fee, and the redacted copy that was uploaded to
the electronic registration system.\12\ The June 2017 Interim Rule thus
gives applicants the benefit of establishing as their effective date of
registration the date when those redacted materials are initially
submitted to, and received by, the Office electronically, rather than
the later date when the in-person examination of the unredacted
material takes place.
---------------------------------------------------------------------------
\11\ The applicant must bring to the meeting, among other
materials, a signed declaration confirming that the redacted copy
brought to the meeting is identical to the redacted copy that was
uploaded to the electronic registration system. Id.
202.13(c)(3)(iv).
\12\ 82 FR at 26853.
---------------------------------------------------------------------------
In response to concerns raised by stakeholders following the June
2017 Interim Rule, the Office issued a second interim rule on November
13, 2017 (the ``November 2017 Interim Rule'') to permit the
registration of a group of test items (i.e., sets of questions and
answers) stored in a database or test bank and used to create secure
tests.\13\ For these claims, the November 2017 Interim Rule adopted
most of the registration procedures that apply to secure tests under
the June 2017 Interim Rule.
---------------------------------------------------------------------------
\13\ 82 FR 52224 (Nov. 13, 2017). See 37 CFR 202.4(b), (k),
202.13 (implementing the November 2017 Interim Rule).
---------------------------------------------------------------------------
On May 8, 2020, the Office issued a third interim rule to address a
disruption caused by the COVID-19 pandemic (the ``May 2020 Interim
Rule'').\14\ Specifically, certain tests that normally would qualify
for registration as secure tests could be rendered ineligible for this
option, because they were being administered remotely rather than at
specified testing centers due to pandemic-related restrictions. The
interim rule amended the definition of a ``secure test'' to allow
otherwise-eligible tests currently being administered online during the
national emergency to qualify as secure tests, provided the test
administrator employed sufficient security measures.\15\ The rule did
not specify particular measures required to meet this standard, in
order to afford applicants flexibility to tailor such processes to
their specific needs. The Office noted that the rule did not alter the
requirement that a secure test be administered ``under supervision,''
meaning that ``test proctors or the equivalent supervise the
administration of the test.'' \16\
---------------------------------------------------------------------------
\14\ 85 FR 27296 (May 8, 2020). See 37 CFR 202.13(b)(1)
(implementing the May 2020 Interim Rule).
\15\ 37 CFR 202.13(b)(1).
\16\ 85 FR at 27298; see 37 CFR 202.13(b)(3).
---------------------------------------------------------------------------
[[Page 10175]]
The Office made clear that the modifications made under the May
2020 Interim Rule were temporary and would last only until the COVID-19
emergency ended.\17\ The Office also noted that the accommodation made
under the May 2020 Interim Rule was not determinative of the final rule
in this proceeding, but that the Office would monitor the operation of
the rule to evaluate whether and under what conditions tests that are
remotely administered by the test publishers should qualify as ``secure
tests'' under the Office's regulations once the emergency period
ends.\18\
---------------------------------------------------------------------------
\17\ Pursuant to her authority under section 710(a) of the
Copyright Act, the Register determined that the disruptions to the
copyright system resulting from the national emergency remain in
effect as of January 7, 2021. See U.S. Copyright Office, Copyright
Office Further Extends Timing Adjustments for Persons Affected by
the COVID-19 Emergency (Jan. 7, 2021), https://www.copyright.gov/newsnet/2021/871.html.
\18\ 85 FR at 27298.
---------------------------------------------------------------------------
The Office also noted that it was exploring possible options to
examine secure test claims via secure videoconference. To that end, the
Office invited comments on the technological requirements that would be
needed for test publishers to participate if the Office decided to
implement such a process. The Office specifically sought comment on the
feasibility of using the WebEx platform for remote examination, as that
program is currently supported by the Library of Congress.\19\ The
Office received five comments in response.\20\ As discussed further
below, the comments generally supported the use of WebEx, or other
secure videoconferencing platforms.\21\
---------------------------------------------------------------------------
\19\ Id.
\20\ The public comments received in this proceeding may be
accessed from the Office's website at https://www.copyright.gov/rulemaking/securetests/.
\21\ See Comments of the National College Testing Association at
7-8 (June 8, 2020) (``NCTA Comments''); Comments of Association of
Test Publishers at 9-11 (June 8, 2020) (``ATP Comments''); Comments
of Association of American Medical Colleges at 1-2 (June 5, 2020)
(``AAMC Comments''); Comments of Educational Testing Service (May
20, 2020) (``ETS Comments'').
---------------------------------------------------------------------------
The comments also reiterated previous concerns regarding the
Office's ``secure test'' definition set forth in 37 CFR 202.13(b),
primarily the requirement that a test must be administered on
``scheduled dates'' at a ``specified center'' where ``test takers are
physically assembled at the same time.'' \22\ NCTA and ATP referred to
points previously made by several commenters in this proceeding ``that
existing testing technology already supports the identical testing
outcomes provided'' in the May 2020 Interim Rule.\23\ They contend that
the Office's ``attempt to limit the [May 2020] Interim Rule to tests
that were `formerly conducted in person' fails to recognize that there
is simply no difference in at home/remote proctored testing because of
COVID-19--the same type of testing that was occurring on a daily basis
before COVID-19, and will continue to occur in exactly the same manner
following a time when in-person testing may resume.'' \24\ They
conclude ``there is no basis for requiring users of the [May] 2020
Interim Rule to `return' to in-person testing'' whenever the national
emergency ends and urge the Office to make the May 2020 Interim Rule
permanent.\25\
---------------------------------------------------------------------------
\22\ See NCTA Comments at 4; ATP Comments at 6-7.
\23\ NCTA Comments at 4; ATP Comments at 5.
\24\ NCTA Comments at 4; ATP Comments at 5-6.
\25\ NCTA Comments at 4; ATP Comments at 6.
---------------------------------------------------------------------------
II. The Interim Rule
While the Office continues to evaluate the secure tests regulations
as a whole--taking into consideration the concerns of test publishers
expressed throughout this rulemaking--to determine whether changes may
be warranted before issuing a final rule, it issues this additional
interim rule to allow for the remote examination of secure test claims
by Copyright Office staff during the national emergency. Although
applicants continue to submit these claims during the Office's closure,
the Office cannot conduct in-person examinations. As a result, the
Office now has more than 1,500 secure test claims pending and expects
that this number will otherwise continue to grow for the duration of
the COVID-19 emergency. The accumulation of claims has created a
backlog of secure test claims that cannot be examined until the Office
resumes normal operations. To address this issue, the Office has
devised a process that it is now adopting that will allow its staff to
perform secure test examinations remotely during the national
emergency.
A. Examination Under the Existing Rules and Considerations for a Remote
Examination Process
Currently, applicants seeking registration of a secure test or a
group of secure test items must submit the following materials through
the Office's electronic registration system: (1) The application, (2) a
filing fee, (3) a brief questionnaire, and (4) a redacted copy of the
work(s). The examiner assigned to the claim reviews the submitted
materials to determine if the work(s) qualify as a secure test or
secure test items.\26\ If so, the examiner contacts the applicant to
schedule an in-person appointment.
---------------------------------------------------------------------------
\26\ For ease of reference, the term ``secure tests'' is used
interchangeably in this notice to refer to both secure tests and
groups of secure test items.
---------------------------------------------------------------------------
At the in-person examination, under the 2017 Interim Rules,
applicants are required to bring the following materials to the Office:
(1) A copy of the completed online application, (2) a nonrefundable
secure test examination fee (calculated on an hourly basis), (3) a copy
of the redacted version of the work(s) uploaded to the electronic
registration system, (4) a signed declaration that the redacted copy
brought to the in-person appointment is identical to the redacted copy
uploaded through the electronic registration system, and (5) an
unredacted copy of the actual test that is administered to test takers
at specified centers on scheduled dates or an unredacted copy of the
actual test items included in the group registration. The redacted and
unredacted copies may be brought to the appointment in electronic form,
provided they are stored on a CD-ROM, DVD, flash drive, or other
external storage device. In such cases, the applicant must bring a
laptop or other electronic device for the examiner to view the secure
test materials. In recognition that the national coronavirus emergency
made testing administration at specified centers infeasible, the May
2020 Interim Rule temporarily suspended this requirement, ``provided
the test administrator employs measures to maintain the security and
integrity of the test that it reasonably determines to be substantially
equivalent to the security and integrity provided by in-person
proctors.'' \27\
---------------------------------------------------------------------------
\27\ 37 CFR 202.13(b)(1); 85 FR at 27298.
---------------------------------------------------------------------------
The examiner then reviews the redacted and unredacted copies in the
applicant's presence. Upon completion of the in-person examination, the
examiner will stamp the date of the appointment on the redacted and
unredacted copies. If paper copies are examined, the examiner date-
stamps both the redacted and unredacted versions. If electronic copies
are examined, the examiner places the external storage device (such as
a flash drive, CD, etc.) in its container, seals the container with
tamper-proof tape, stamps the date of the appointment on a label, and
applies that label to the container. Then the examiner returns the
physical or electronic copies to the applicant. The signed declaration
and the previously uploaded redacted copy of the work(s) are retained
in the
[[Page 10176]]
Office's records and may be made available to the public under
appropriate circumstances. If the work(s) contain sufficient creative
authorship, a registration certificate will be mailed to the applicant
within a few weeks of approval. Because of the national emergency, in-
person examinations have been suspended since March 2020.
The comments received in response to the May 2020 Interim Rule
suggested various security protocols and other procedures for the
Office to consider in implementing remote examination. The National
College Testing Association (NCTA) supported examination by
videoconference and suggested various software protocols that the
Office could consider to maintain security, such as confirming
compliance with National Institute of Standards and Technology
(``NIST'') Federal Information Processing Standards, employment of
appropriate encryption techniques, and enhanced training of Office
examiners in the use of secure virtual meeting technologies.\28\ The
Association of Test Publishers (ATP) echoed these suggestions and also
suggested that the Office employ dual screen control and dual scrolling
software.\29\ The Association of American Medical Colleges (AAMC)
endorsed the use of WebEx, and suggested that for security reasons, the
applicant should be the host of any teleconference.\30\
---------------------------------------------------------------------------
\28\ NCTA Comments at 7-8. NCTA also stated that the Office
should permanently adopt the principal alterations in the 2020
Interim Rule--particularly allowing remote testing, remote
proctoring, and electronic storage of tests. Id. at 3-6.
\29\ ATP Comments at 9-11. ATP also suggested that the Office
create a document that contains the material being registered that
was returned to the applicant, in essence, generating the unredacted
deposit. Id. The interim rule retains that responsibility with the
applicant. ATP also stated that the Office should adopt many of the
interim rule changes permanently, principally remote testing and
proctoring, and secure electronic storage. Id. at 4-9.
\30\ AAMC Comments at 1-2.
---------------------------------------------------------------------------
After reviewing these comments, the Literary Division of the
Registration Program solicited responses from frequent submitters of
secure test applications to determine their willingness and ability to
participate in a ``test run'' of a remote examination. The National
Board of Medical Examiners (``NBME'') expressed interest in
participating. NBME proposed that the ``test run'' be conducted using a
fabricated deposit copy created specifically for use in the ``test
run;'' the remote examination would be performed through the WebEx
platform, since it is currently supported by the Library.\31\
---------------------------------------------------------------------------
\31\ See 85 FR at 27298. No registrations were issued as a
result of this test run; it was conducted solely to determine the
feasibility of the process.
---------------------------------------------------------------------------
The ``test run'' examination took place on June 12, 2020. NBME set
up the 30-minute appointment through WebEx and provided the link to the
examiner. NBME shared its computer screen with the examiner through
WebEx and displayed redacted and unredacted deposit copies side-by-
side, as would occur at an in-person examination. NBME used the dual-
scrolling software ``Setup Scrolling,'' which allows for the viewing of
two PDF documents side-by-side and scrolling through both documents at
the same time, while keeping the pages from each document aligned. This
feature permits the examiner to easily compare the two PDF documents.
NBME gave the examiner control of its computer in order to scroll
through and examine the deposit material, much in the same manner and
at the same speed as in an in-person examination.
Overall, the remote examination proceeded smoothly. NBME, however,
raised several logistical issues, including questions regarding the
submission of the signed declaration and the date-stamping of the
unredacted deposit. The Office has developed proposed solutions to
these issues, addressed below. Given the success of the ``test run,''
the Office now is prepared to move forward with the examination of
secure test applications through secure videoconference for the
duration of the national emergency.
B. The Remote Examination Procedure Under This Interim Rule
Based on this input, the Office is now adopting a procedure for
examining secure tests that is generally the same as outlined in the
current regulation, except as described below.\32\ Participation in the
process set forth in today's Interim Rule is strictly voluntary.
Applicants may opt for an in-person examination, recognizing that such
examinations cannot occur until the national emergency ends and the
Office resumes normal operations.
---------------------------------------------------------------------------
\32\ Today's interim rule provides an overview of how remote
examination will work; more detailed instructions can be found in
the Office's circular on secure tests (Circular 64), available at
https://www.copyright.gov/circs/.
---------------------------------------------------------------------------
Applicants are still required to submit the application, filing
fee, questionnaire, and redacted copy of the work(s) through the
electronic registration system. As before, the examiner will review
these materials to determine if the work(s) qualifies as a secure test
or a group of secure test items. If any issues arise during this
review, the examiner will communicate with the applicant to resolve
such issues before scheduling a remote examination.
Once any issues regarding the submitted materials have been
resolved, the examiner will work with the applicant to schedule the
appointment for the remote examination. The applicant is responsible
for setting up the appointment through the WebEx platform or other
similar teleconferencing platforms that have been approved for use by
the Library of Congress,\33\ and sending the videoconference
information to the email address provided by the examiner.
---------------------------------------------------------------------------
\33\ In its circular on secure tests, the Office will provide a
representative list of software programs that provide this
functionality.
---------------------------------------------------------------------------
The day before the scheduled appointment, the examiner will enable
the ``Upload Deposit'' function in the electronic registration system
to allow the applicant to upload the declaration form attesting that
the redacted copy uploaded through the system and the redacted copy
displayed at the remote examination are identical. The declaration must
include a legally binding signature. The Office will accept an
electronic signature as defined in 15 U.S.C. 7006, such as ``/s/ Jane
Doe,'' a digital image of a handwritten signature on the form, or other
verified electronic signature. By contrast, the applicant need not
supply a completed copy of the online application; the examiner can
retrieve a copy from the electronic registration system, if necessary.
On the day of the appointment, the examiner will log into the
approved teleconferencing platform at the appropriate time using the
information provided by the applicant. All participants must use a
personal computer that has a camera and a microphone so that the
applicant and examiner will be able to see and communicate with each
other during the videoconference. During the examination, the applicant
will pull up the redacted and unredacted copies side-by-side when
instructed by the examiner. The applicant must have so-called ``dual-
scrolling'' software that is compatible with the teleconferencing
platform being used in order to participate in a remote examination
allowed under today's interim rule. The applicant must remain available
to answer any questions the examiner may have during the course of the
examination.
[[Page 10177]]
Normally, at the conclusion of the in-person examination, the
examiner would date-stamp the redacted and unredacted paper copies of
the deposit, or, if the applicant brought electronic copies to the
appointment, the examiner would place the physical storage device in
its container, seal the container with tamper-proof tape, stamp the
date of the appointment on a label, and apply that label to the
container.
As this step is not possible in a remote examination, applicant
will be responsible for maintaining its copy of the unredacted deposit,
in the event it is needed for litigation or other purposes. The interim
rule specifies that the metadata of the unredacted deposit file must
include the date of the examination, and the service request number
generated by the electronic registration system. The redacted deposit
that was uploaded to the electronic registration system can be used to
identify the material examined by the Office by comparing the redacted
and unredacted copies examined during the videoconference session to
determine if they match. In connection with the Office's overall
continuing analysis of the registration option for secure tests, the
Office is considering whether to impose a records retention requirement
upon applicants who register under these conditions, similar to other
regulatory records retention provisions.\34\
---------------------------------------------------------------------------
\34\ See, e.g., 37 CFR 210.27(m); 85 FR 58114, 58154 (Sept. 17,
2020).
---------------------------------------------------------------------------
After the appointment, the examiner will prepare a Secure Test
Appointment Receipt, containing the following information: (1) Date of
appointment; (2) time of appointment; (3) name of work examined; (4)
name of examiner conducting examination; (5) applicant's
representative(s); and (6) the fee charged per hour. This receipt will
be uploaded into the record in the electronic registration system. The
examiner will email a copy of this receipt to the applicant, along with
instructions for submitting the secure test examination fee.\35\ The
fee must be paid through pay.gov or charged to an active deposit
account. The Office will not issue a registration certificate until it
receives full payment of this fee. Calculation of the fee will be done
on an hourly basis, in the same manner as for an in-person examination.
---------------------------------------------------------------------------
\35\ See 37 CFR 201.3(d)(5).
---------------------------------------------------------------------------
If the Office issues a registration certificate, the examiner will
add an annotation that includes the date of the appointment. The
effective date of registration will be the date that the Office
received--in proper form--the application, filing fee, and the redacted
copy of the test that was uploaded to the electronic registration
system, consistent with the current procedure.\36\
---------------------------------------------------------------------------
\36\ See 82 FR at 26853.
---------------------------------------------------------------------------
As with the other interim rules issued in this proceeding, the
Office will monitor the operation of today's interim rule to evaluate
whether remote examination of secure tests and groups of secure test
items via secure videoconference should continue once the national
emergency period ends. The Office understands the concerns of, and
importance to, test publishers that the definition for a ``secure
test'' reflect the current testing practices and testing technology, as
well as other issues raised by commenters throughout this rulemaking
proceeding. The Office takes these concerns seriously and continues to
carefully consider them. The Office anticipates issuing a future
separate notice that will revisit the regulatory definition for a
``secure test.''
In light of the ongoing national emergency, the Copyright Office
finds good cause to publish these amendments as an interim rule
effective immediately, and without first publishing a notice of
proposed rulemaking, ``because of the demonstrable urgency of the
conditions they are designed to correct.'' \37\
---------------------------------------------------------------------------
\37\ H.R. Rep. No. 79-1980, at 260 (1946). See 5 U.S.C.
553(b)(3)(B) (notice and comment is not necessary upon agency
determination that it would be ``impracticable, unnecessary, or
contrary to the public interest''); id. at 553(d) (30-day notice not
required where agency finds good cause).
---------------------------------------------------------------------------
List of Subjects in 37 CFR Part 202
Copyright, Preregistration and Registration of Claims to Copyright.
For the reasons set forth in the preamble, the Copyright Office
amends 37 CFR part 202 as follows:
PART 202--PREREGISTRATON AND REGISTRATION OF CLAIMS TO COPYRIGHT
0
1. The authority citation for part 202 continues to read as follows:
Authority: 17 U.S.C. 408(f), 702.
0
2. Amend Sec. 202.13 as follows:
0
a. In paragraph (c)(1), remove ``standard application'' and add
``Standard Application'' in its place;
0
b. Revise paragraph (c)(2);
0
c. In paragraph (c)(3) introductory text, remove ``bring'' and add in
its place ``provide''; and
0
d. Revise paragraph (c)(3)(v) and (c)(4).
The revisions read as follows:
Sec. 202.13 Secure tests.
* * * * *
(c) * * *
(2) In case of a secure test, the applicant must submit a redacted
copy of the entire test. In the case of a group of test items prepared
for use in a secure test, the applicant must submit a redacted copy of
each test item. In all cases the redacted copy must contain a
sufficient amount of visible content to reasonably identify the
work(s). In addition, the applicant must complete and submit the secure
test questionnaire that is posted on the Copyright Office's website.
The questionnaire and the redacted copy must be contained in separate
electronic files, and each file must be uploaded to the electronic
registration system in Portable Document Format (PDF). The Copyright
Office will review these materials to determine if the work(s) qualify
for an examination under secure conditions. If they appear to be
eligible, the Copyright Office will contact the applicant to schedule
an appointment to examine an unredacted copy of the work(s). The
examination may be conducted in-person or through remote access as
directed by the instructions provided on the Office's website.
(3) * * *
(v) In the case of a secure test, the applicant must provide an
unredacted copy of the entire test. In the case of a group of test
items prepared for use in a secure test, the applicant must provide an
unredacted copy of all the test items. The applicant shall include the
following information in the metadata of an unredacted electronic file:
(A) The date of the examination; and
(B) The service request number generated by the electronic
registration system.
(4) The Copyright Office will examine the copies specified in
paragraphs (c)(3)(iii) and (v) of this section under secure conditions.
The Office will retain the signed declaration and the redacted copy
that was uploaded to the electronic registration system. If the
examination is conducted in-person, the Office will stamp the date of
the appointment on the copies and will return them to the applicant
when the examination is complete.
* * * * *
Dated: February 3, 2021.
Shira Perlmutter,
Register of Copyrights and Director of the U.S. Copyright Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2021-03097 Filed 2-18-21; 8:45 am]
BILLING CODE 1410-30-P