w copyright.gov

CIRCULAR

64

For the purposes of copyright registration, a secure test is a 

nonmarketed test administered under supervision at specified 

centers where test takers are assembled on scheduled dates, 

and where all copies of the test are accounted for and either 

destroyed or returned to restricted locked storage or secure 

electronic storage following each administration.

note: As discussed below, the Office has established an 

interim procedure allowing some tests to be considered a 

secure test even if they are administered online instead of 

in-person at specified centers. 

The Office has established two special accommodations 

for registering the copyrightable authorship in a secure test: 

(1) a procedure for registering a discrete secure test and (2) a 

separate procedure for registering a group of secure test items

(that is, test items prepared for use in a secure test). These 

procedures provide a means for registering a secure test or a 

group of secure test items while protecting the confidential 

nature of these works.

While the administration of any test involves some level 

of security, only a fraction of tests and test items are eligible 

for these procedures. The Office reserves discretion to 

determine whether any particular test or group of test items 

meets all of the eligibility requirements for these procedures. 

To register a work that does not satisfy these requirements, 

applicants must submit one complete, unredacted copy of 

the work under normal (that is, non-secure test) registration 

procedures.

note: A claim involving a secure test or a group of secure 

test items will be reviewed in the order it is received and will 

not be given priority over other claims with an earlier filing 

date. If you would like expedited review of your application, 

you may request special handling. For more information, see 

Special Handling (Circular 10).

This circular provides general 

information about registering a 

discrete secure test or a group 

of secure test items with the 

U.S. Copyright Office.1

Copyright Registration of

Secure Tests and Test Items
Copyright Registration of Secure Tests and Test Items 2

Key Characteristics of a Secure Test

A test is considered “nonmarketed” if the copies 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. A test is 

administered “under supervision” when test proctors or the equivalent supervise the administration 

of the test. A “specified center” is a place where test takers are physically assembled at the same time.

Tests taken on a computer may satisfy the definition of a secure test, but only if the test takers are 

physically assembled at a test center on scheduled dates and the test is administered under supervision.

Examples of secure tests include high school equivalency tests; tests used for admission to 

an educational institution; tests used to grant advanced credit for undergraduate or graduate 

coursework; and tests used to determine eligibility for scholarships, entry into state or governmentlicensed trades or professions, and professional certifications.

note: The Office has issued an interim rule allowing some tests that are administered online to 

qualify as a secure test. Specifically, a test that was normally administered at specified centers prior 

to May 8, 2020, that is now being administered online may be eligible for secure test examination, 

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. For more information, see the Secure Tests Rulemaking webpage. 

Registration of a Secure Test Compared To Group Registration of Secure Test Items

A secure test consists of a specific set of questions, answers, and other material that has been selected 

and arranged in a particular manner. Often these items are stored in—or pulled from—a database 

or test bank. If the specific set of test items is administered under supervision at specified centers on 

scheduled dates, the set may be registered as a discrete secure test.

While a database or test bank does not qualify as a “secure test,” the Office has created a group 

registration option allowing registration of individual test items as separate copyright-protected 

works if certain requirements have been met. 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. A narrative, 

diagram, or other prefatory material, followed by multiple sets of related questions and correct and 

incorrect answers are considered a single test item.

Test items may be stored in a database or test bank, but in all cases, they must be prepared for use 

in a specified secure test. Specifically, the items may be prepared for use in the same secure test or 

multiple versions of the same test.

To compare the options for registering a secure test and a group of secure test items, please see 

the table at the end of this circular.

The Scope of a Registration for a Secure Test or a Group of Secure Test Items

A 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 authorship involved in selecting, coordinating, and/

or arranging the individual questions, answers, and other test items that make up the test, if the 

selection, coordination, and/or arrangement of those items is sufficiently creative.
Copyright Registration of Secure Tests and Test Items 3

A registration for a secure test may also cover the individual items within the test, but only if the 

copyright claimant owns all of the exclusive rights in those items as of the date the claim is received 

and if they have not been previously published or previously registered.

A group registration of secure test items covers each individual item in the group, but only if 

the item is determined to be copyrightable in itself. Claims in the selection, coordination, and/or 

arrangement of the group as a whole are not permitted, because a group registration is merely an 

administrative classification created solely for the purpose of registering multiple secure test items as 

separate copyright-protected works with one application and filing fee.

Overview of the Registration Process

There are two stages to the registration process for secure tests and groups of secure test items. 

To register a secure test or a group of secure test items, applicants must first submit an online 

application and filing fee and upload a brief questionnaire and a redacted copy of the work(s). An 

examiner will review the entire submission to confirm the work is a secure test or a group of secure 

test items prepared for use in a secure test and to identify the type of materials you should present 

to the Office. If the work(s) appear to be eligible for examination, the examiner will contact you to 

schedule an appointment to present an unredacted copy of the actual test or the actual test items 

(and the other materials discussed below) to the Office.

Online Application and Preliminary Examination

To begin the registration process for a secure test or a group of secure test items, you need to submit 

a Standard Application, questionnaire, filing fee, and redacted deposit through the Office’s electronic 

registration system.

The Application

When completing the application for a secure test, you should include the term “SECURE TEST” 

in the “Title” field. When completing an application for a group of secure test items, you should 

provide a title for the group in the “Title of this work” field. The title should include the term 

“GRSTQ” followed by the name of the secure test that contains or is expected to contain those items. 

(Upon request, the examiner will remove the terms “SECURE TEST” or “GRSTQ” from the title 

field before the claim is approved.)

Examples:

Application to register a secure test: “SECURE TEST: February 2017 LSAT,” “SECURE TEST: 

FINRA Series 7 Exam for the 3rd quarter of 2017,” or “SECURE TEST: GRE August 2017.”

Application to register a group of secure test items: “GRSTQ: Test items for February 2017 

LSAT,” “GRSTQ: Test items added to the FINRA Series 7 Exam item bank in the 3rd quarter of 

2017,” or “GRSTQ: SAT reading comprehension test items.”

When examining a discrete secure test, the examiner will review the test as a whole to determine 

whether the work is eligible for the secure test procedure and whether the test contains a sufficient 

amount of creative expression. When completing the online application you may assert a claim in 
Copyright Registration of Secure Tests and Test Items 4

this type of authorship by stating “compilation of test items” in the “Author Created” field. If you 

also want to assert a claim in the individual test items, you may check the box marked “text” or 

you may state “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.

When applying to register a group of secure test items using one application, filing fee, 

questionnaire, and deposit, keep in mind the following requirements:

• The test items must have been prepared for use in a specified secure test. A database or test 

bank does not qualify as a “secure test” in and of itself.

• The test items in the group must either be all published or all unpublished. The Copyright 

Office will not accept a claim containing both published and unpublished test items in the 

same group.

• If the test items are published, they must have been published within a three-calendar-month 

period as part of the same secure test or multiple versions of the same test. On the application, 

provide the earliest date of publication for the items in the group.

• The test items must have been created by the same author or coauthors.

• The copyright claimant must be the same for all of the test items.

Under this registration accommodation, each test item constitutes its own copyright-protected work. 

Currently, there is no limit to the number of test items that may be included in each group registration, 

as long as each work meets the relevant requirements for this procedure.

The Questionnaire

You must complete and upload a brief questionnaire about the work(s), which is available on the 

Office’s website. The file name for the questionnaire should include the term “Questionnaire” and 

the case number assigned to the claim. The case number is a twelve digit number automatically 

generated by the electronic registration system; it appears near the top of each screen of the online 

application. When registering a group of secure test items, indicate the number of test items being 

registered on the questionnaire.

The Deposit

You also must upload a separate file containing a redacted copy of the secure test or the group of 

secure test items; the methods of redaction are described in more detail below. For a group of secure 

test items, number each test item appearing in the deposit. The file name for the redacted copy 

should include the title(s) you provide in response to question 1 in the questionnaire.

note: Do not upload or mail an unredacted copy of the actual test or the actual test items to the 

Office.

Only One Secure Test Per Application

You may only file one secure test with each application. In other words, you must file a separate 

application, pay a separate filing fee, and upload a separate questionnaire for each secure test you 

wish to register. A separate application, fee, and questionnaire are also required when registering 

multiple versions of the same test. An applicant may not use the secure test procedures to register 

multiple tests together as a unit of publication, or a group of updates or revisions to a database.
Copyright Registration of Secure Tests and Test Items 5

Examples:

• A test publisher submits a secure test containing three test booklets. The first booklet contains 

reading comprehension questions. The second contains math questions. The third contains 

essay questions. All three booklets are distributed to test takers at specified test centers on the 

same date. Each test taker receives the same booklets. The three booklets may be registered as 

one secure test using one application, because they are always administered to test takers as 

part of the same secure test.

• A nursing program submits five test booklets that are used to determine eligibility for a 

professional certification. Test takers complete a five-week training program. At the end of each 

week, test takers report to a specified test center where they are tested on what they learned that 

week. Each of the five test booklets correspond to one week of learning. The five test booklets 

are considered five separate tests. A separate application must be submitted for each booklet.

• A state medical board creates a test consisting of 100 multiple choice questions. To prevent test 

takers from copying each other, the board’s employees create ten booklets each containing a 

different organization and arrangement of the same 100 test questions. If the board submits an 

application to register one booklet, the registration would cover the copyrightable authorship 

contained in the test questions and the specific selection and arrangement of those questions 

within that booklet (if it is sufficiently creative). The board may register a claim in the selection 

and arrangement of the questions for the nine other booklets by filing a separate application 

for each version; authorship in the questions themselves will be covered by the registration for 

the first booklet but will not be covered by the registrations for the nine other booklets.

Examination of Unredacted Material

The Office has created a procedure that allows for the remote examination of secure tests and groups 

of secure test items through an online video conference, which is discussed below. 

note: Applicants may opt for an in-person examination instead of a video conference. However, 

this will cause delays in scheduling the appointment. In addition, the amount of time needed to 

conduct an in-person examination may be longer than a video conference, which will require a 

higher secure test examination fee.

Prior to the Appointment

The examiner will contact the applicant to schedule a remote examination and select a mutually 

convenient date and time for the appointment. The applicant will be responsible for setting up an 

online video conference and sending the meeting information to the examiner. The Zoom platform 

is preferred, but other video conferencing platforms are acceptable if they can perform all of the 

functions described below.

The day before the appointment, you must log into the electronic registration system and 

upload a signed declaration confirming that the unredacted copy you will present during the video 

conference is identical to the redacted copy you previously submitted. The examiner will send you 

an email that explains how to do this. You may obtain a copy of this declaration from the Office’s 

website. The declaration must contain a typed or handwritten signature, but it does not need to be 

notarized or witnessed.
Copyright Registration of Secure Tests and Test Items 6

During the Appointment

On the day of the appointment, the applicant and the examiner will log into the video conferencing 

platform at the appropriate time. All participants must use an electronic device that has a camera 

and microphone so that the applicant and examiner may see and communicate with each other. 

The applicant must share his or her screen with the examiner and must present (1) an unredacted 

copy of the actual test that is administered to test takers or an unredacted copy of the actual test 

items included in the group registration and (2) a copy of the redacted version of the secure test or 

secure test items that was uploaded to the electronic registration system. The applicant must use 

software that allows the examiner to view the documents side by side and scroll through them while 

keeping the pages aligned, and the examiner must be able to navigate through the documents with 

his or her keypad or mouse.

After the Appointment

To complete your registration, you must pay the nonrefundable secure test examining fee. This 

hourly fee will be calculated based on the amount of time that it takes to examine the secure test 

or the group of test items during the video conference. This fee is in addition to the filing fee you 

submitted with the online application.

After the video conference, the examiner will send you a secure test appointment receipt that will 

specify the total fee due and provide instructions for how to submit the payment. For current fees, 

see Copyright Office Fees (Circular 4) or call (202) 707-3000 or 1-877-476-0778 (toll-free).

After your payment is processed, the examiner will make the final determination about whether 

your secure test or group of secure test items are eligible for this special accommodation and 

whether the work(s) contain a sufficient amount of creative authorship. If all of the requirements 

for registration have been met, the Copyright Office will register your claim and mail a certificate of 

registration to the address provided in the application. The certificate will specify the date that the 

video conference occurred. The effective date of the registration will be based on the date that the 

Office received—in proper form—the application, the filing fee, and the redacted copy of the test 

that was uploaded to the electronic registration system.

The signed declaration, the redacted copy you uploaded to the electronic registration system, and 

the secure test appointment receipt will be retained in the Copyright Office’s records and may be 

made available to the public.

The applicant will be responsible for maintaining a copy of the unredacted deposit in the event 

it is needed for litigation or other purposes. The metadata for the file that contains the unredacted 

deposit must include the date of the video conference and the case number that was assigned to the 

claim by the electronic registration system.
Copyright Registration of Secure Tests and Test Items 7

Example Redaction for a Secure Test

THE TEST COMPANY

Test Booklet

Question 1: Bob has $90.00. He spent $14.00. 

How much does he have left?

A. $88

B. $76

C. $57

D. $73

Question 2: Which of the boxes below contains 

a photo of the United States Capitol? 

A.

C.

B.

D.

Page 3 | Test Booklet

unredacted sample

Cover is unredacted. Page numbers and question numbers are unredacted. Redacted area with 

narrow vertical or diagonal strip of visible content.

THE TEST COMPANY

Test Booklet

Question 1: Bob has $90.00. He spent $14.00. 

How much does he have left?

A. $88

B. $76

C. $57

D. $73

Question 2: Which of the boxes below contains 

a photo of the United States Capitol? 

A.

C.

B.

D.

Page 3 | Test Booklet

redacted sample

Question 1: Bob has $90.00. He spent $14.00. 

How much does he have left?

A. $88

B. $76

C. $57

D. $73

Question 2: Which of the boxes below contains 

a photo of the United States Capitol? 

A.

C.

B.

D.

Page 3 | Test Booklet
Copyright Registration of Secure Tests and Test Items 8

Bob has $90.00. He spent $14.00. 

How much does he have left?

A. $88

B. $76

C. $57

D. $73

Bob has $90.00. He spent $14.00. 

How much does he have left?

A. $88

B. $76

C. $57

D. $73

Unredacted test item 1 Redacted test item Method 1 Redacted test item Method 2

Example Redaction for a Secure Test Item

Who are the first five presidents 

of the United States of America?

A. Andrew Jackson, Thomas 

Jefferson, Abraham Lincoln, 

George Washington, 

Alexander Hamilton

B. George Washington, John 

Adams, Thomas Jefferson, 

James Madison, James 

Monroe

C. Zachary Taylor, Millard 

Fillmore, James Monroe, 

John Adams, John Tyler

D. Alexander Hamilton, 

Dwight Eisenhower, George 

Washington, John Adams, 

James Polk

Unredacted test item 2 Redacted test item Method 1 Redacted test item Method 2

Who are the first five presidents 

of the United States of America?

A. Andrew Jackson, Thomas 

Jefferson, Abraham Lincoln, 

George Washington, 

Alexander Hamilton

B. George Washington, John 

Adams, Thomas Jefferson, 

James Madison, James 

Monroe

C. Zachary Taylor, Millard 

Fillmore, James Monroe, 

John Adams, John Tyler

D. Alexander Hamilton, 

Dwight Eisenhower, George 

Washington, John Adams, 

James Polk

Who are the first five presidents 

of the United States of America?

A. Andrew Jackson, Thomas 

Jefferson, Abraham Lincoln, 

George Washington, 

Alexander Hamilton

B. George Washington, John 

Adams, Thomas Jefferson, 

James Madison, James 

Monroe

C. Zachary Taylor, Millard 

Fillmore, James Monroe, 

John Adams, John Tyler

D. Alexander Hamilton, 

Dwight Eisenhower, George 

Washington, John Adams, 

James Polk

Unredacted test item 1 was redacted using the following methods:

Method 1:

• All question information except the first four and last four characters (including spaces) are redacted.

• The letter assigned to each answer choice and the first character of each answer choice are exposed.

Method 2:

• The item is broken into three word groupings, with the two longest words redacted.

• If a grouping only has two words, one word is redacted.

• With similar length words, the earliest appearing word is redacted.

• Punctuation and spaces are not redacted.

• The letter assigned to each answer choice and the first character of each answer choice are exposed.

Bob has $90.00. He spent $14.00. 

How much does he have left?

A. $88

B. $76

C. $57

D. $73

Unredacted test item 2 was redacted using the following methods (in addition to the methods used to 

redact Test item 1):

Method 1:

• All answer information except the first four and last four characters (including spaces) are redacted.

Method 2:

• The answers are broken into four word groupings, with the two longest word groupings redacted.
Copyright Registration of Secure Tests and Test Items 9

Secure Test Group of Secure Test Items

Definition A secure test is a nonmarketed test 

administered under supervision at 

specified centers where test takers 

are assembled on scheduled dates 

and where all copies of the test are 

accounted for and either destroyed or 

returned to restricted locked storage 

following each administration.

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, and 

each item shall be considered one 

work. A single narrative, diagram, or 

other prefatory material, followed by 

multiple sets of related questions and 

correct or incorrect answers, shall 

together be considered one item.

Appropriate 

application

• Submit a Standard Application 

through the electronic 

registration system.

• Select the option for “literary 

work.”

• *Begin title with “SECURE TEST.”

• Submit a Standard Application 

through the electronic 

registration system.

• Select the option for “literary 

work.”

• *Begin title with “GRSTQ.”

What can be 

registered

1. Authorship in the text of the 

individual test items appearing 

within a secure test, but only if the 

claimant owned all the exclusive 

rights in those items when the 

application was submitted and 

if those items have not been 

previously published or registered 

with the Office.

2. Authorship in the selection, 

coordination, and/or 

arrangement of the specific items 

included within one version of 

a secure test (that is, one test 

containing a specific set of test 

items organized and arranged in a 

particular manner).

Authorship in the text of the 

individual test items that have been 

prepared for use in a secure test.

(Claims in the overall selection, 

coordination, and/or arrangement 

of the individual test items are not 

permitted.)
Copyright Registration of Secure Tests and Test Items 10

Secure Test Group of Secure Test Items

Number of 

works per 

application

The claim may include one version 

of a discrete secure test and the 

individual test items included within 

that version if the requirements 

above have been met.

Currently there is no limit on the 

number of secure test items that may 

be included within each claim.

Publication 

requirements

The secure test may be published or 

unpublished.

The secure test items in the group 

must either be all published or all 

unpublished.

If published, all the test items must 

have been published within the same 

three-calendar-month period.

Author 

requirements

The secure test and the individual 

items included within the test may be 

created by different authors.

All secure test items in the group 

must be created by the same author 

or coauthors. The author may create 

the items as a work made for hire.

Claimant 

requirements

If you wish your registration to 

cover any of the individual test items 

included within the secure test, those 

items must be owned by the claimant 

as of the date the claim is received.

All secure test items must be owned 

by the same claimant.

Deposit 

requirements

Upload a redacted copy of the secure 

test.

Present a redacted and unredacted 

copy of the actual secure test during 

the examination.

Upload a redacted copy of each 

secure test item in the group.

Present a redacted and unredacted 

copy of the actual secure test items 

during the examination.
Copyright Registration of Secure Tests and Test Items 11

note

1. This circular is intended as an introduction to the U.S. Copyright Office’s practices and procedures 

for registering secure tests and groups of secure test items. The authoritative source for U.S. copyright 

law is the Copyright Act, codified in Title 17 of the United States Code. Copyright Office regulations 

are codified in Title 37 of the Code of Federal Regulations. Copyright Office practices and procedures 

are summarized in the third edition of the Compendium of U.S. Copyright Office Practices, cited as the 

Compendium. The copyright law, regulations, and the Compendium are available on the Copyright 

Office website, copyright.gov.
1 U.S. Copyright Office · Library of Congress · 101 Independence Avenue SE · Washington, DC 20559 · copyright.gov

CIRCULAR 64 REVISED: 06/2023 PRINT: 00/0000 — 0,000

For Further Information

By Internet

The copyright law, the Compendium, electronic registration, application forms, regulations, 

and related materials are available on the Copyright Office website at www.copyright.gov.

By Email

To send an email inquiry, click the Contact Us link on the Copyright Office website.

By Telephone

For general information, call the Copyright Public Information Office at (202) 707-3000 or 

1-877-476-0778 (toll free). Staff members are on duty from 8:30 am to 5:00 pm, eastern time, 

Monday through Friday, except federal holidays. To request application forms or circulars by 

postal mail, call (202) 707-9100 or 1-877-476-0778 and leave a recorded message.

By Regular Mail

Write to

Library of Congress

U.S. Copyright Office

Outreach and Education Section

101 Independence Avenue, SE #6304

Washington, DC 20559-6304