Thread: Permission to use Copyrighted Materials/IRB application

I have a dilemma that I need your input on. I successfully defended my proposal and I’ve already submitted my IRB application to my Chair. However, my chair indicated that since I will be relying upon the use of three assessments to qualify the three variables in my study, that the IRB would require I attach proof of permission from the testing agency to use their copyrighted material in my research. I’ve contacted the company and have traversed back and forth with them trying to get permission to use their assessments. I plan to pay for usage; however, since usage of the assessment [online] will expire before I am ready to have my participants take the three assessments, I do not want to pay for it yet.

All I need from the company right now is permission to use their copyrighted material for my dissertation pending IRB approval. I still haven’t received approval from them yet. The testing organization does make provision for academic research purposes, so believe they know what I am talking about. The last thing I was told was that [1] I need to have the school send them a letter on letterhead [which I have been told, the school will not do because the test is not for the school per se but for personal academic research purposes], and [2] that they would re-consider my request and would let me know on Monday [January 30, 2012]. Meanwhile, I suspect they would tell me no.

Does anyone have any suggestions how I should proceed further, if the company tells me no? Incidentally, although I’ve looked, I cannot seem to find one company [except the one in question] that delivers the three assessments. I would prefer [and was advised] to use one agency, for all three assessments--for a number of reasons. Your thoughts are welcomed.

Researchers use proprietary testing materials in their published research all the time so I'm really unclear why this has become such a problem. I would be surprised to discover that there was not language used in the original purchase agreement that covers this situation. I would also be surprised to learn that there was not an office within the testing agency that deals specifically with this question.

As an aside, this is yet another example of how copyright is hopelessly disconnected from its supposed purpose to "promote the Progress of Science and useful Arts."

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Maybe this is an area where your employee's attorney (assuming he also is an employee) could give you some assistance.

Originally Posted by Kizmet

Researchers use proprietary testing materials in their published research all the time so I'm really unclear why this has become such a problem. I would be surprised to discover that there was not language used in the original purchase agreement that covers this situation. I would also be surprised to learn that there was not an office within the testing agency that deals specifically with this question.

Kizmet: Thank you for your response. I totally agree with you. The website does clearly state, “Each test can be used for research, presentations and seminars, or academic pursuits.” Furthermore, the website claims, “as a symbol of our respect for the important work taking place in academia, we make our battery of tests available for use in teaching and research. See which of our services meets your academic needs”. However, as I have before indicated, I am having a terrible time obtaining permission from the organization to use their assessments in my research. I’m stressing big time!

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Originally Posted by SteveFoerster

As an aside, this is yet another example of how copyright is hopelessly disconnected from its supposed purpose to "promote the Progress of Science and useful Arts."

Thanks Steve. You'd think that since the president of the company is a PhD, they'd understand that asking and receiving permission to use copyrighted materials is an important necessity. They acknowledge that their tests are well researched and as such are ideal for educational and psychological testing. Regarding the use of their assessments, they've also said, "Each test can be used for research, presentations and seminars, or academic pursuits". I am not sure what the problem is or how to proceed from here. I would love to use the assessments offered by another company, however, not only am I unable to find any, I have regrettably, specifically named PsychTests in my dissertation proposal. I really wish I hadn’t done that! Yikes!

Originally Posted by Ian Anderson

Maybe this is an area where your employee's attorney (assuming he also is an employee) could give you some assistance.

I'm not working, Ian. Oh, the school won't do anything to help. I've actually been told that I need to submit my order with a, "signed letter showing the official letterhead of your school/institution." Wonder where or how they think I'm going to have the school write a letter on my behalf?

Shay,
Did you find a solution to your dilemma?
Ian