Legal Question in Education Law in New York
Re: copyrights � Violation of Confidentiality Agreement
ARE=Architectural Registration Exams
NCARB=National Council of Architectural Registration Board�Develops, implements and scores the exams. NCARB holds copyrights for the exams and gets �Confidentiality Agreement� from test takers.
I am a candidate for ARE. After taking and failing an exam, I discussion with other candidates at on-line forum and posted such a diagram which only addressed hint of the issue of the exam that I previously had. Candidates are allowed by NCARB to discuss TYPE of exam questions but not reveal exam contents. I. NCARB has suspended my privilege of taking remaining exam based on their suspicion that my diagram has similarity to exam. I didn�t have any intentions to have similarity to exam contents.
I am in the receipt of a letter from the lawyer of NCARB stating that I have violated Confidentiality Agreement and have infringed upon NCARB�s copyrights. It further states that unauthorized dissemination of these contents violates the Confidentiality Agreement and federal copyright law (see 17 U.SC. 101 et. Seq.).
NCARB has given me right to respond. Under which area of law this issue comes; non disclosure act, copyright, education law, etc? How can I get the suspension reinstated? Please advice.
John
1 Answer from Attorneys
Re: Re: copyrights � Violation of Confidentiality Agreement
The only area of the law that you should act at this point in time is to secure counsel and have them respond on your behalf.
The issue presented appears to be copyright infringement, as well as the contractual obligations established under the non-disclosure.
If this is handled improperly, you may find yourself being an architect without a place to get licensed.
If you wish to discuss this further, you can contact me via email or telephone.
Good Luck,
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