Copyright and Research Instruments

Determining and Seeking Permission

Research instruments like other published works are subject to copyright law in Canada. As such, the legal right to produce, reproduce, publish and utilize these instruments rests with the copyright holder.

It is always best practice to determine the copyright status of research instruments, such as questionnaires, scales, and tests, before using them in your research. If you need to request permission to use an instrument, doing so early - before collecting, analyzing, and publishing your data - can save time and prevent complications. Discovering after the fact that permission is too costly or unobtainable can significantly impact your research.

Seeking Permission 

If the instrument you wish to use is copyrighted your best protection against accusations of copyright violation is to seek permission. Many academic publishers and rights holders allow graduate students, or researchers conducting noncommercial research permission to use copyrighted instruments at not cost with their authorization. So if you are seeking permission be sure to indicate if possible the your status as a researcher, the nature of your work, how the research will be published, and if you will be reproducing the instrument in some form as part of the published research.

Common Sources of Information about Research Instruments

• PsycTESTS is a database of research instruments that have been previously discussed or published in the journal literature. Along with the full-text of such instruments, the Abstract often indicates permission information. 
• Mental Measurements Yearbook is a guide to over 2700 contemporary instruments. 
• Rightslink is a tool that easily allows you to request permission for republication from publishers. In cases where they cannot give permission, they also often list the contact information for the rights holder.
• Many publisher websites will include information about how to request permission (eg. Oxford Journals). 
• ProQuest has a guide that includes a sample permission letter that you can modify for your purposes. 

General Tips

• Give yourself enough time to obtain permission and indicate the date by which you need a response.
• Keep copies of all correspondence, notices, and emails, as you may need to include them in your research documentation.
• Be patient and follow up. Identifying and communicating with rightsholders may not always be straightforward.

When Permission is not Needed

The University of Windsor copyright policy outlines a number of situations where it is lawful to copy copyrighted works without permission or payment. They include:

• Material in which Copyright does not Subsist – Copyright does not protect facts and ideas.
• Material in the Public Domain - Works in which the term of copyright has expired can be copied without permission or payment. 
• Creative Commons - Works under a Creative Commons License are still technically under copyright, however the rights holder has chosen to make them available under a license which may permit copying without additional permission. 
• Insubstantial Portions – Copying an insubstantial amount of a work is not a violation of the Copyright Act and does not trigger the requirement of permission or payment. 
• Fair Dealing - If you are only using a limited portion of the instrument rather than entire tool you may be able to utilize without seeking permission. However, you should carefully consider all the fair dealing factors to ensure compliance with copyright law.