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FEMA Test Answers LLC v. Smith

Study Guide Additions Insufficiently Original for Protection Under Copyright Act

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ADDITIONAL CASES Samien Bissessar, Counterclaim and Third-Party Plaintiff v. Fema Test Answers, LLC, Counterclaim Defendant, and David Pickelhaupt, Third-Party Defendant MEMORANDUM & ORDER Plaintiff FEMA Test Answers, LLC commenced the above-captioned action on March 1, 2022, against Defendants Forest Smith and Samien Bissessar, asserting copyright infringement under the Copyright Act of 1976, 17 U.S.C. §101 et seq. (“Copyright Act”) and alleging that Defendants copied the format Plaintiff uses in its study guides. (Compl., Docket Entry No. 1.) On July 14, 2022, Plaintiff filed an Amended Complaint asserting the same claim. (Am. Compl., Docket Entry No. 18.) On October 13, 2023, Smith moved to dismiss the Amended Complaint, and Plaintiff opposed the motion.¹ For the reasons explained below, the Court grants Smith’s motion to dismiss and grants Plaintiff leave to file a second amended complaint. I. Background a. Factual background Plaintiff is the creator of the FEMA Study Guide, an online study guide used by students to assist them in preparing for the exams required to pass the Federal Emergency Management Agency’s (“FEMA”) Independent Study Courses.² (Am. Compl.

2, 8.) FEMA selects the questions for its exams at random from a database of potential questions, which is not available as a collection on FEMA’s website. (Id.

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