NCEES reaches settlement with test prep provider over allegations of copyright infringement

The National Council of Examiners for Engineering and Surveying (NCEES) and a test preparation provider for certain NCEES exams have reached an $880,000 settlement agreement regarding allegations of the unauthorized use of copyrighted practice questions and reference handbook materials belonging to NCEES. The agreement is effective as of December 31, 2021.

In addition to the settlement payment, the test preparation provider has agreed to remove all NCEES-owned material from its print and online materials. Per the terms of the agreement, the test preparation provider does not admit any guilt regarding copyright infringement or liability to NCEES, and NCEES will not disclose the company’s identity.

NCEES produces licensing exams for the professions of engineering and surveying, including the Fundamentals of Engineering exam and the Principles and Practice of Engineering exam. The nonprofit organization also publishes study materials, including practice exams, to familiarize candidates with the format and content of the exams. NCEES alleged that the test preparation provider used NCEES’ copyrighted materials without NCEES’ authorization.

“NCEES’ focus, as always, was on protecting its intellectual property,” said NCEES Chief Executive Officer David Cox. “NCEES and its volunteers have invested thousands of hours in the development of high-quality examinations that assist licensing boards in performing their important work. It is therefore important that third parties respect our intellectual property rights. We appreciate the cooperative response that we received in this instance from the test preparation provider, when notified of our concerns.”

Download the news release (PDF).