AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 60

MOTION for Summary Judgment Filed by AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC., AMERICAN PSYCHOLOGICAL ASSOCIATION, INC., NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION, INC. (Attachments: #1 Statement of Facts Points of Authority, #2 Statement of Facts Statement of Undisputed Facts, #3 Declaration Declaration of Jonathan Hudis, #4 Exhibit Ex. A, #5 Exhibit Ex. B, #6 Exhibit Ex. C, #7 Exhibit Ex. D, #8 Exhibit Ex. E, #9 Exhibit Ex. F, #10 Exhibit Ex. G, #11 Exhibit Ex. H, #12 Exhibit Ex. I, #13 Exhibit Ex. J, #14 Exhibit Ex. K, #15 Exhibit Ex. L, #16 Exhibit Ex. M, #17 Exhibit Ex. N, #18 Exhibit Ex. O, #19 Exhibit Ex. P, #20 Exhibit Ex. Q, #21 Exhibit Ex. R, #22 Exhibit Ex. S, #23 Exhibit Ex. T, #24 Exhibit Ex. U, #25 Exhibit Ex. V-1, #26 Exhibit Ex. V-2, #27 Exhibit Ex. W, #28 Exhibit Ex. X, #29 Exhibit Ex. Y, #30 Exhibit Ex. Z, #31 Exhibit Ex. AA, #32 Exhibit Ex. BB, #33 Exhibit Ex. CC, #34 Exhibit Ex. DD, #35 Exhibit Ex. EE, #36 Exhibit Ex. FF-1, #37 Exhibit Ex. FF-2, #38 Exhibit Ex. FF-3, #39 Exhibit Ex. FF-4, #40 Exhibit Ex. FF-5, #41 Exhibit Ex. FF-6, #42 Exhibit Ex. GG, #43 Exhibit Ex. HH, #44 Exhibit Ex. II, #45 Exhibit Ex. JJ, #46 Exhibit Ex. KK, #47 Exhibit Ex. LL, #48 Exhibit Ex. MM, #49 Declaration Declaration of Marianne Ernesto, #50 Exhibit Ex. NN, #51 Exhibit Ex. OO, #52 Exhibit Ex. PP, #53 Exhibit Ex. QQ, #54 Exhibit Ex. RR, #55 Exhibit Ex. SS, #56 Exhibit Ex. TT, #57 Exhibit Ex. UU, #58 Exhibit Ex. VV, #59 Exhibit Ex. WW, #60 Exhibit Ex. XX, #61 Exhibit Ex. YY, #62 Exhibit Ex. ZZ, #63 Exhibit Ex. AAA, #64 Exhibit Ex. BBB, #65 Exhibit Ex. CCC, #66 Exhibit Ex. DDD, #67 Exhibit Ex. EEE, #68 Exhibit Ex. FFF, #69 Exhibit Ex. GGG, #70 Exhibit Ex. HHH, #71 Exhibit Ex. III, #72 Exhibit Ex. JJJ, #73 Declaration Declaration of Lauress Wise, #74 Exhibit Ex. KKK, #75 Exhibit Ex. LLL, #76 Declaration Declaration of Wayne Camara, #77 Exhibit Ex. MMM, #78 Declaration Declaration of Felice Levine, #79 Exhibit Ex. NNN, #80 Exhibit Ex. OOO (Public Version), #81 Exhibit Ex. PPP, #82 Exhibit Ex. QQQ, #83 Exhibit Ex. RRR, #84 Exhibit Ex. SSS, #85 Exhibit Ex. TTT-1, #86 Exhibit Ex. TTT-2, #87 Exhibit Ex. UUU, #88 Declaration Declaration of Kurt Geisinger, #89 Declaration Declaration of Dianne Schneider, #90 Text of Proposed Order Proposed Order, #91 Certificate of Service Certificate of Service)(Hudis, Jonathan). Added MOTION for Permanent Injunction on 12/22/2015 (td).

EXHIBIT III
Case No. 1:14-cv-00857-TSC-DAR

Confidential

COPYRIGHT ASSIGNMENT
WHF.R FAS, Leonard S. Feldt, was one of several authors of the work entitled "Standards

for Educational and Psychological Testing" (1999 ed.) (the "Standards"), jointly published by the

American Educational Research Association, Inc. ("AERA"

a District of Columbia not-for-

profit corporation), the American Psychological Association, Inc. ("APA"

a

District of

Columbia not-for-profit corporation) and the National Council on Measurement in Education,
Inc. ("NCME"

a District of Columbia not-for-profit corporation); and

WHEREAS, Leonard S. Feldt is deceased; and

WHEREAS, Daniel Charles Feldt, Sara Feldt Roach and Natalie Fischer Feldt
("Assitmors"), are the rightful heirs of Leonard S. Feldt. and as such own or may own certain
rights in and to the Standards; and

WHEREAS, Assignors have agreed to assign whatever rights they possess or own in the

Standards to AERA, APA and NCME ("Assignees"), and Assignees wi:itt to acquire all of'
Assignors' rights, title and interest in and to the Standards, including the copyrights therein and
any and all renewals and extensions thereof:

NOW, THEREFORE, for good and valuable conSideration, the receipt and sufficiency of

which is hereby acknowledged. Assignors do hereby assign to Assignees. free and clear of all
liens, claims and encumbrances, all of Assignors' riuht. title and interest in and to the Standards,

including any and all copyrights therein, and any and all renewals and extensions thereof under
applicable law.

This Assignment is made effective as of the 12Th day of December, 2014.

AERA_APA_NCME_0031803

Confidential

ASSIGNOR: Daniel Charles Feldt
By:

STATE OF

142/

/1Li4J0

COUNTY OFC, 6

)ss,:

e

on,Det.

l(2

20,./, before me personally appeared Daniel Charles Feldt,

personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is recited in the above-writ-ten Copyright Assignment and acknowledged to me that
such person executed the same in such person's personal capacity.
WITNESS my hand and official seal.

Notary Public
(Notarial Seal)

"OFFICIAL SEAL"
Debra A. Stonehill
NOTAFiY PUSUC, STATE OF ILLINOIS

My Commission Expires 08/08/2017

AERA_APA_NOME0031804

Confidential

ASSIGNOR: Sara Feldt Roach
By:

STATE OF _ZAÇA

COUNTY OF gt_.

)ss.:

1Do_

, 20 4, before me personally appeared Sara Feldt Roach, personally
Or.:slitC_
known to me (or proved to me on the basis of satisfactory evidence) to be the person whose
name is recited in the above-written Copyright Assignment and acknowledged to me that such

person executed the same in such person's personal capacity.
WITNESS my hand and official seal.

TELCK
ARV PUBLIC
STATE OF COLORADO
NOTAFfY ID 19924015923
MY COMMISSION E(PIRES DECEMBER 19, 2016

AERA_APA_NCME_0031805

Confidential

ASSIGNOR: Natalie Fischer Feldt

By:71ad'e'
STATE OF

eit)
)

ss.:

COUNTY OF k1 A.,40
On

20/5, before me personally appeared Natalie Fischer Feldt,

personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
w'hose name is recited in the above-written Copyright Assignment and acknowledged to me that
such person executed the same in such person's personal capacity.
WITNESS my hand and official seal.

1"074NAM.ItirLITTEr`dh"6".",

Notary Public
(Notarial Seal)
PA

Notary Public
State of Colorado
Notary ID 20064036325
Commission Exes Se 8, 2018

0

AERA_APA_NCME_0031806