Jim, I agree that improper use of copyrighted materials is
inappropriate.  I think it is an IRB job to deal with any danger to human
subjects from this inappropriate use.  But it is not the job of IRB
to  deal with other legal and compliance issues surrounding inappropriate
use.  But it is still the responsibility of the IRB, or a knowledgeable
member,  to alert the part of the organization that does deal with legal
and compliance issues.  And an IRB that routinely handles matters involving
copyrighted tests probably has such knowledgeable members.  And it might
want to prepare some educational material about proper use of these tests
on its web page.

My point is that IRB's charge and expertise is protection of human research
subjects, and someone else's charge is knowing about "fair use" and other
copyright matters.  The IRB should just refuse to approve a matter
questionable in another arena than protection of human research subjects
until the proper authority resolves the problem.  And then it should take a
quick look to be sure the resolution contains no risks to human research
subjects.

Chuck

At 10:58 AM 3/3/2004, you 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First I must tell you that I no longer represent the university whose email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(Using some outdated materials may also be problematic.)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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Herbert B. Chermside, CRA
Virginia Commonwealth University
PO BOX 980568
Richmond, VA  23298-0568
Voice:  804-827-6036
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e-mail xxxxxx@vcu.edu

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