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NEWPORT-MESA UNIFIED v. STATE OF CAL. DEPT. OF ED.

No. SACV 04-512-GLT (ES).

371 F.Supp.2d 1170 (2005)

NEWPORT-MESA UNIFIED SCHOOL DISTRICT, Plaintiff, v. STATE OF CALIFORNIA DEPARTMENT OF EDUCATION et al., Defendants.

United States District Court, C.D. California, Southern Division.

May 24, 2005.

Attorney(s) appearing for the Case

John E. Hayashida, Parker & Covert, Tustin, Cynthia J. Larsen, Orrick Herrington & Sutcliffe (Intervenor Plaintiff), Sacramento, CA, for plaintiff.

Jack H. Anthony, Law Offices, Newport Beach, Rebecca Phillips Freie, Esq., (California Dept. Of Education), Sacramento, CA, for defendants.

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

TAYLOR, District Judge.

On apparent first impression, and contrary to the body of law on competitive admission testing, the Court holds a state statute requiring copies of test protocols to be provided to parents of special education students falls within acceptable "fair use" under federal copyright law, and the federal copyright law does not preempt the state statute.

I. BACKGROUND

California...

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