So I found an interesting website today, detailing a court case regarding school standardized tests. I am intrigued, since I am in the education field, and was not sure what copyright issues would come up regarding testing.
In the case I read about, a school had created "re-usable" standardized tests: that is, the questions would be used from year to year, and teachers were forbidden from copying the tests and using the questions to practice with the students. While the tests were not going to be published for any profit, and the test materials were unpublished at the time (still in the developmental stages of the test being written), the court ruled the tests were still protected by copyright.
Evidently, a teacher with a crusade against standardized testing began publishing some of the questions to his/her students, which made those questions unable to be used on future tests. Now, I have a major problem with standardized testing, but committing copyright infringement is not the way to go about undermining the system. The courts ruled in favor of the school, proving that unpublished materials, even those with no intent of being sold for a profit, are protected if they are stolen or misused.
Hoffman, I. (2008). Fair use: unpublished works. Retrieved October 1, 2008, from http://www.ivanhoffman.com/unpublished.html