Copywrite

See Here, or Here, or Here. 

U.S. District Judge John P. Fullam ruled against Multistate Legal Studies Inc. (a.k.a. Preliminary Multistate Bar Review (PMBR)) and ordered it pay nearly $12 million in damages to the National Conference of Bar Examiners for copying questions from the Multistate Bar Examination. PMBR sent people to take the Multistate just to copy questions for its bar prep course. The defense was that both group’s writers use the same material in preparing their test questions.

According to the court, the evidence of direct infringement was too damning to ignore:

Mr. Feinberg and other PMBR employees regularly write down information about the fact patterns, prompts, and answer choices appearing on MBE examinations that they have taken.  Mr. Feinberg admitted that he uses these notes when writing PMBE questions.  In order tofacilitate this process, PMBR employees sought out the onlyjurisdiction that allowed test-takers to use scratch paper,taking (and in all but one case failing) the Alaska Bar Exam eight times from 2001 through 2003.  In February 2003, Mr.Feinberg was caught leaving the examination room with his scratch paper.  In addition, PMBR advertisements brag about how close its questions are to those on the actual MBE, and Mr. Feinberg hasmade similar statements.  Finally, many PMBE questions reproduce MBE questions nearly verbatim, and others contain trivialvariations that suggest awareness of copying.

You might also look to some history of this case from the 1980’s in National Conference of Bar Examiners v. Multistate Legal Studies, Inc., 692 F.2d 478 (7th Cir. 1982), which held that the questions were protected under copyright.