College Entrance Examination Bd. v. Cuomo

1 Citing case

  1. Religious Technology Center v. Netcom On-Line Communication Services, Inc.

    923 F. Supp. 1231 (N.D. Cal. 1995)   Cited 79 times   1 Legal Analyses
    Holding "[r]easonable efforts can include advising employees of the existence of a trade secret, limiting access to information on a 'need to know basis,' requiring employees to sign confidentiality agreements, and keeping secret documents under lock"

    Even though a work is read by a large group of people, it is still unpublished where it is held confidential and the authors do not relinquish control over their copies of the work. See College Entrance Examination Board v. Cuomo, 788 F. Supp. 134, 139-41 (N.D.N.Y. 1992) (finding that administered secure tests were necessarily unpublished because author did not relinquish control and finding for author on second fair use factor). Plaintiffs have adequately demonstrated that the Exhibit B Advanced Technology works are kept confidential using tight security measures.