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 JJJ
Case No. 1:14-cv-00857-TSC-DAR

uontiaenual

COPYRIGHT ASSIGNMENT
\WHEREAS, Charlie Spielberg.er, 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, Charlie Spielberger is deceased; and

WHEREAS, Nicholas Thomas Lee and Carol Spielberger ("Assignors"), are the
rightful heirs of Charlie Spielberger, 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 C'Assignees"), and Assignees wish 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' right, 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 30th day of December, 2014.

AERA_APA_NCME_0031414

II Il_iCI 11101

ASSIGNOR: Carol Spielberger

FRANCIS P BRUNO

STATE OF

)ss.:
COUNTY OF

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Notary Public - State of Florida
My Comm. Expires Sep 18.2017 I
Commission # FF 055407

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, 2O/'-, before me personally appeared Carol Spielbereer, 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-written Copyright Assignment and acknowledged to me that such
person executed the same in such person's personal capacity.
On

W TNESS my

d aud_official seal.

Notary Public
(Notarial Seal)

AERA_APA_NCME_0031415

Confidential

ASSIGNOR: Nicholas Thomas Lee
By:

/-kil,I_A 6146°Zate-e_

STATE OF -1;" Lk-RI r)1\._

FRANCIS P BRUNO

) ss.:

COUNTY OF

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Notary Public - State of Florida
My Comm. Expires Sep 18, 2017
Commission # FF 055407

lc lo as
ornas Lee,
before me personal v appeare
. 20(1
On Pf c. 3\5r-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.

o ary
(Notarial Seal)

AERA_APANCME0031416