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CPAT Licensing Procedures

It has now been over five years since we joined together to form the IAFF/IAFC Fire Service Joint Labor Management Wellness-Fitness Task Force.  The Task Force has dedicated itself to developing a holistic, positive rehabilitating and educational approach to wellness and fitness programs in the fire service.  One of our major initiatives was the Candidate Physical Ability Test Program (CPAT).  Since its release in 1999, many jurisdictions have successfully implemented this valuable program.  In our ongoing effort to ensure that the CPAT is being used properly and only as intended, we have enacted a licensing policy that will affect the way in which this program can legally be used.  This procedure was instituted by the Task Force to protect the integrity of the CPAT Program and the interests of the members of the IAFF and the IAFC by ensuring that the program is implemented properly and as intended. 

Under the current policy, authorization to use the CPAT will only be granted to fire departments and other entities that will be fully administering the CPAT Program.  Limiting the granting of licenses to only those entities that actually administer the program have enabled us to better ensure that the CPAT is only being administered in strict compliance with the licensing agreement. Third party testing organizations (including but not limited to state/provincial fire academies, colleges/universities, or for profit and not for profit testing agencies) that only administer the physical testing portion of the CPAT may apply for a Limited License.  Such Limited Licenses allow such third party testing organizations to use the CPAT for purposes of testing the physical capability of fire fighter candidates.  However, this license is granted only upon the express conditions that the licensee may only administer the CPAT for a fire department that already possesses a complete and valid license from the IAFF. 

These Limited License organizations then operate under the license of the jurisdiction that is responsible for administering the overall CPAT Program.  In addition, a fire department that uses another fire department’s resources and facilities to test candidates must apply for a license of their own.  The licensing policy ensures that the CPAT Program used by the licensee fully covers every aspect of the CPAT, including recruiting and mentoring programs, providing recruits with fitness guidance to help prepare them for the CPAT and setting up and administering the test.

Another primary objective of our current policy is to maintain more comprehensive records about how the CPAT is being used by parties to whom licenses have been granted.

Pursuant to the current policy, we have revoked all licenses that were granted to use the CPAT program prior to February 15, 2002.  If you are contemplating use of the CPAT, you need to complete and forward to us the CPAT License Application (click here).  This is true even if you have received a license from the IAFF prior to February 15, 2002. 

As soon as an acceptable application for a new CPAT license is completed and received by us, setting forth the terms and conditions that you will be required to follow in your utilization of the CPAT, a new license will be forwarded to you.

Any use of the CPAT without a license or any misuse of the CPAT program is a violation of the IAFF copyright on this program.

CPAT Copyright

The IAFF has copyrighted the CPAT in order to prevent unauthorized use of this program.  This copyright is registered with the United States Copyright Office, and may be enforced through a lawsuit.  The IAFF owns the exclusive right to reproduce copies of the CPAT; to prepare derivative works from the CPAT; to distribute the CPAT to the public; and to publicly display this work.

Any use of the CPAT is only allowed within the terms and conditions spelled out in a licensing agreement, which must be strictly adhered to by all licensees.  This agreement states that the licensee may only use the CPAT in its entirety, and it explicitly prohibits use of the CPAT to test incumbent members of a fire department.

This copyright protection does extend to any derivative physical ability test that is “substantially similar” to the CPAT test.

The IAFF is entitled to, and will, institute legal action against any infringement of its exclusive rights or its licensing agreement.  The remedies for copyright infringement include obtaining an injunction to prevent further infringement and to ensure the destruction of unauthorized copies.  They also include the recovery of any damages suffered by the IAFF and the Task Force; recovery of the profits of the infringer; and the recovery of attorneys’ fees and costs of the litigation.

Terms and Conditions of Full CPAT License

The CPAT license is granted only upon the express conditions that the licensee must use the CPAT in whole and only for the purpose of candidate testing.  This includes, but is not necessarily limited to, recruiting, mentoring, preparatory programs, orientation programs, and proper program administration including using specified equipment, test parameters, qualified proctors and test personnel.  Any attempt by the licensee to use only a portion of the CPAT or to use the CPAT for testing incumbents is inconsistent with the scope of this license, and is therefore prohibited.  The licensee is only authorized to make use of the CPAT in accordance with the terms and conditions of the CPAT manual.  The IAFF does NOT grant a license for the creation of derivative works, or works that are based on whole or in part on the CPAT.  This includes works that are written as well as oral.  Specific, written permission is necessary from the IAFF in order to create derivative works.  While the IAFF may permit the reproduction and reprinting of the CPAT upon request, this does not authorize the licensee to reprint or reproduce, in whole or in part, the CPAT.  Specific, written permission is necessary from the IAFF in order to reprint or reproduce the CPAT. The IAFF reserves all rights and remedies for copyright infringement for any illegal use, distribution, copying or creation of derivative works that are not covered by this license.  The copyright on the CPAT is registered with the United States Copyright Office.  Because of this registration, the IAFF may invoke certain remedies in a lawsuit for copyright infringement.  These remedies include actual damages, injunction, any profits realized by the infringer, and statutory damages, including attorneys’ fees and litigation costs.  The IAFF’s copyright on the CPAT is also afforded complete protection in Canada pursuant to the Universal Copyright Convention.  The IAFF reserves all rights under Canadian and international law for copyright infringement for any illegal use, distribution, copying and creation of derivative works that are not allowed by this license.  Under Canadian laws the IAFF may invoke certain remedies in a lawsuit for copyright infringement.  These remedies include actual damages, injunction, any profits realized by the infringer, and punitive damages.  This license is subject to termination at the election of the IAFF by written notice.  This license cannot be transferred or sub-licensed to any third parties.  The IAFF owns the copyright and other related rights to the work entitled “Candidate Physical Ability Test” (“CPAT”).  The IAFF, the IAFC and the ten jurisdictions and local unions of the Task Force own the proprietary rights to the CPAT.

Terms and Conditions of Limited CPAT License

The Limited CPAT license is granted to use the IAFF/IAFC Joint Labor Management Wellness-Fitness Initiative’s Candidate Physical Ability Test Program (CPAT) for purposes of testing the physical capability of fire fighter candidates.  The limited license is granted only upon the express conditions that the licensee may only administer the CPAT for a fire department that already possesses a complete and valid license from the IAFF.  Any attempt by the licensee to use the CPAT for testing incumbents is inconsistent with the scope of this license, and is therefore prohibited.  The licensee is only authorized to make use of the CPAT in accordance with the terms and conditions of the CPAT manual.  The IAFF does NOT grant a license for the creation of derivative works, or works that are based on whole or in part on the CPAT.  This includes works that are written as well as oral.  Specific, written permission is necessary from the IAFF in order to create derivative works.  While the IAFF may permit the reproduction and reprinting of the CPAT upon request, this does not authorize the licensee to reprint or reproduce, in whole or in part, the CPAT.  Specific, written permission is necessary from the IAFF in order to reprint or reproduce the CPAT. The IAFF reserves all rights and remedies for copyright infringement for any illegal use, distribution, copying or creation of derivative works that are not covered by this license.  The copyright on the CPAT is registered with the United States Copyright Office.  Because of this registration, the IAFF may invoke certain remedies in a lawsuit for copyright infringement.  These remedies include actual damages, injunction, any profits realized by the infringer, and statutory damages, including attorneys’ fees and litigation costs.  The IAFF’s copyright on the CPAT is also afforded complete protection in Canada pursuant to the Universal Copyright Convention.  The IAFF reserves all rights under Canadian and international law for copyright infringement for any illegal use, distribution, copying and creation of derivative works that are not allowed by this license.  Under Canadian laws the IAFF may invoke certain remedies in a lawsuit for copyright infringement.  These remedies include actual damages, injunction, any profits realized by the infringer, and punitive damages.  This license is subject to termination at the election of the IAFF by written notice.  This license cannot be transferred or sub-licensed to any third parties.  The IAFF owns the copyright and other related rights to the work entitled “Candidate Physical Ability Test” (“CPAT”).  The IAFF, the IAFC and the ten jurisdictions and local unions of the Task Force own the proprietary rights to the CPAT.

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