RE: fair use of psychological scales

["Davis, Rick K." <rkDavis@xxxxxxxxxx>]

It's also possible that the researcher's friend who paid for the use of the
scales previously agreed as part of that purchase to some fine print "terms of
use" that prohibited further reproduction. If so, it's a matter of state
contract law and fair use will not be a viable defense.

Another important consideration with forms are the issues raised in Baker v.
Selden, 101 U.S. 99 (1879). A form or a method can't be copyrighted, though it
might be protected by patent. Only a particular *expression* of a form or
method can be copyrighted. This might not help in this case, since the
researchers, I assume, want to use not just Beck's forms, but his expression
included on those forms.

Here's something else from the Wikipedia article on the Beck Depression
Inventory (BDI):

"The BDI is copyrighted, a fee must be paid for each copy used, and
photocopying it is a violation of copyright. There is no evidence that the
BDI-II is more valid or reliable than other depression scales,[20] and public
domain scales such as the Patient Health Questionnaire - Nine Item (PHQ-9) has
been studied as a useful tool."

Perhaps the researchers could use this public domain scale instead, assuming
it's a reasonable alternative and they don't want to hassle with permissions
for the Beck scales?

Rick

-----Original Message-----
From: Jeffrey Galin [mailto:JGALIN@xxxxxxx]
Sent: Wednesday, August 31, 2011 11:31 AM
To: Reilly, Michele; 'digital-copyright@xxxxxxxxxxxxxx'
Subject: RE: fair use of psychological scales

Reilly,
It is my understanding that scales and scoring sheets are copyrighted
consumables which means you must pay for them.  While there are common
practices in many fields to reproduce forms on copy machines, these
reproductions without permissions or licenses are violations of copyright.
Cheers,
jrg

-----Original Message-----
From: Reilly, Michele [mailto:mreilly@xxxxxx]
Sent: Wednesday, August 31, 2011 11:11 AM
To: 'digital-copyright@xxxxxxxxxxxxxx'
Subject: fair use of psychological scales

Hi All,

I have a researcher with a question about Fair Use.

"I am planning a study with a friend and it was my understanding that even
scales that are copyright are fair use when using them for non-funded
research.  My friend has previously payed in order to use the scales.  I was
wondering which of us is correct.  To put the study we are planning into more
perspective, we want to use the Beck Depression Inventory and the Beck
Anxiety
Inventory in order to validate a measure of nightmares we are attempting to
validate.  Any information you could provide about this topic would be much
appreciated."

Any help would be greatly appreciated.

Thanks,
Michele

Michele Reilly
Head of Digital Services
University of Houston Libraries
114 University Libraries
Houston, TX 77204-2000
Phone: 713-743-8995
mreilly@xxxxxx
[cid:image001.png@xxxxxxxxxxxxxxxxx]

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