1. (a) General. This section prescribes rules pertaining to the registration of secure tests.

2. (b) Definitions. For purposes of this section -

   1. (1) A secure test is 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 following each administration.
   2. (2) A test is nonmarketed 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 ownership and control of the copies.
   3. (3) A test is administered under supervision if test proctors or the equivalent supervise the administration of the test.
   4. (4) A specified center is a place where test takers are physically assembled at the same time.

3. (c) Deposit requirements. Pursuant to the authority granted by 17 U.S.C. 408(c)(1), the Register of Copyrights has determined that a secure test may be registered with identifying material, if the following conditions are met:

   1. (1) The applicant must complete and submit a standard application. The application may be submitted by any of the parties listed in § 202.3(c)(1).
   2. (2) The appropriate filing fee, as required by § 201.3(c) of this chapter, must be included with the application or charged to an active deposit account.
   3. (3) The applicant must submit a redacted copy of the entire secure test. In addition, the applicant must complete and submit the questionnaire that is posted on the Copyright Office's Web site. 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 qualifies for the secure test procedure. If the work appears to be eligible, the Copyright Office will contact the applicant to schedule an appointment to examine an unredacted copy of the test under secure conditions.

   4. (4) On the appointed date, the applicant must bring the following materials to the Copyright Office:

      1. (i) A copy of the completed application.
      2. (ii) The appropriate examination fee, as required by § 201.3(d) of this chapter.
      3. (iii) A copy of the redacted version of the secure test that was uploaded to the electronic registration system.
      4. (iv) A signed declaration confirming that the redacted copy specified in paragraph (c)(4)(iii) of this section is identical to the redacted copy that was uploaded to the electronic registration system.
      5. (v) An unredacted copy of the entire secure test.
   5. (5) The Copyright Office will examine the copies specified in paragraphs (c)(4)(iii) and (v) of this section in the applicant's presence. When the examination is complete, the Office will stamp the date of the appointment on the copies and will return them to the applicant. The Office will retain the signed declaration and the redacted copy that was uploaded to the electronic registration system.

[82 FR 26854, June 12, 2017]