Jim, many thanks for your comments. You have added a new element to our
discussion.

James Brett wrote:

>First I must tell you that I no longer represent the university whose email
>system I continue to use as an emeritus research administrator.
>
>It seems to me that the issue of IRB review of permission to use
>copyrighted materials is unavoidable.  That is, the IRB must review the
>materials to find out whether the investigator is using the complete
>materials as copyrighted, or whether something has been added or
>subtracted.  Use of materials in other than the copyrighted format is not
>covered by the "fair use" doctrine, which means that the investigator must
>have specific permission to use and to alter or amend.  Some authors will
>not allow this, and the IRB needs to know that, too.
>
>A detailed review of the use of copyrighted surveys, tests, etc. goes to
>the issue of human subjects protections because altering and amending
>certain kinds of materials may render them useless or less effective.
>(Using some outdated materials may also be problematic.)
>
>The copyright on research materials is in a real sense a signification of
>the efficacy of the materials.  Therefore, permission to use the
>copyrighted materials is a legal step inherent in copyright law and, as I
>mentioned at the beginning, unavoidable.
>
>Jim
>
>
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--
Gary M. Talarchek, Ph.D.
Director of Grants and Research
Loyola University New Orleans
6363 St. Charles Avenue
New Orleans, LA 70118
Voice: 504-864-7244
Fax: 504-864-7270

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