Question about using subtests of cognitive assessments from copyrighted batteries for research study?

[jdawg2017]

---

Members don't see this ad.

Hi all,

This may be kind of a silly question, but my PhD advisors are not able to provide solid guidance on this question for whatever reason (even though one is a neuropsychologist).

We are piloting and attempting to demonstrate the reliability and validity of two new computerized cognitive tests we have developed. In the next planned study, we aim to test healthy adults, as well as (at least) people with PD and AD. We are doing testing remotely D/T COVID and will likely continue doing so because of the success we had in our initial pilot (we were able to test 130+ people in a few months).

My question that can't be answered by my mentor is the following: to demonstrate content validity, we are aiming to compare our computerized cognitive tests against: Logical Memory I and II from the WMS-IV, Digit Span from WAIS-IV, and FAS/CAT (COWAT, which I do not believe is copyrighted). We are debating using the TICS as a screener, but could be open to do the MMSE as well or the MOCA or other options.

So, my question is: as a student with a very limited research budget, do I need to purchase the whole WMS-IV kit and testing materials to ethnically administer that sub-test in a research context? Same with the WAIS-IV for just using digit span? And the TICS/MMSE/MOCA? That's gonna add up really fast. For reference, I can easily find all of these tests in the current practicum I work for, which is at the same broad institution as my research/PhD program. Our PhD 2nd year prac program also has access to all of the materials, but our lab technically does not I believe.

Thanks in advance for any advice. I will eventually reach out to test developers, but I wanted to ask here first so I at least sound somewhat informed when reaching out to them.

 

[AcronymAllergy]

My take: you'll either need to purchase the test materials or receive the publishers' permission to use them in research. I don't think they're charging for the MOCA at the moment. TICS and MMSE are both copyrighted, although if you don't want to use the MOCA, you can probably find free alternatives (particularly for use in research).

 

[summerbabe]

My take: you'll either need to purchase the test materials or receive the publishers' permission to use them in research.

Agreed. A peer in grad school used a copyrighted (Pearson?) instrument for dissertation. They contacted the publisher and received a discount for their bulk purchase of the measure but it was still a heavy out of pocket cost.

 

[romanticscience]

N=1. During medical school, I conducted some clinical research using a standardized behavioral rating measure (BRIEF-A). I just contacted the investigator who developed it and he hooked me up with a bunch of free materials.

 

[jdawg2017]

Thanks for all the advice! I will definitely reach out to Pearson about this. Fingers crossed I can get it for free or cheap!

 

[erg923]

I worked multiple R01's in grad school (10 years ago) with/using photos copies of DKEFS and WAIS subtests recording sheets. They (PI and the "senior research scholar" faculty on the project) always just said it was "fine." I was never very sure what Pearson's team of attorneys had to say about the issue.

 

[AcronymAllergy]

I worked multiple R01's in grad school (10 years ago) with/using photos copies of DKEFS and WAIS subtests recording sheets. They (PI and the "senior research scholar" faculty on the project) always just said it was "fine." I was never very sure what Pearson's team of attorneys had to say about the issue.

I'm sure they aren't the only ones. I don't know that the publishers are going to be sending out teams of investigators to sniff out copyright violations, but it's not something I'd personally want to have to explain should it come to light. There's also the whole ethics side of it.

Although I will say that on occasion, I'm pretty sure I've seen test manuals say that reproduction for the purposes of scholarly/academic activity is ok. But those were probably smaller tests and publishers. And like was said above, if the test is published by the author her/himself, definitely reach out.

 

[Therapist4Chnge]

Always check with the publisher and/or author. Pearson or PAR aren't likely to waive the $, but maybe get a discount. The author may or may not give a blanket okay if it is for research work. I've done this for before and the last time I did I they not only sent me copies, but they included a number of relevant articles they had published. It was super helpful.

 

[cara susanna]

I used a PAR instrument for my Master's thesis and got a student discount.

 

[clausewitz2]

I worked multiple R01's in grad school (10 years ago) with/using photos copies of DKEFS and WAIS subtests recording sheets. They (PI and the "senior research scholar" faculty on the project) always just said it was "fine." I was never very sure what Pearson's team of attorneys had to say about the issue.

"I'm sure it's fine, you know, do whatever" said no lawyer ever.

 

[EPPPb42020]

I'm very familiar with the process. The tests you describe are copyrighted (other than COWAT and MoCA) and cannot be copied. Pearson's and PARS both offer a research discount (40-50% off) but it is still expensive depending on your N. You will need to write up a brief proposal that they approve to receive it. I believe it is permissible to create your own test forms if you own the testing kits. The MoCA is not copyrighted but they require you go through their training (about $100) beginning Dec 2020; the one exception is boarded neuropsychologists, even licensed clinical psychologists need to do it.

 

[bcliff]

I'm very familiar with the process. The tests you describe are copyrighted (other than COWAT and MoCA) and cannot be copied. Pearson's and PARS both offer a research discount (40-50% off) but it is still expensive depending on your N. You will need to write up a brief proposal that they approve to receive it. I believe it is permissible to create your own test forms if you own the testing kits. The MoCA is not copyrighted but they require you go through their training (about $100) beginning Dec 2020; the one exception is boarded neuropsychologists, even licensed clinical psychologists need to do it.

I was going to suggest purchasing the manual (WAIS) and then recording responses on blank (or lined paper) -- If you have access to manuals through your Clinic, then maybe you can just borrow those manuals after hours. I'm not sure about the ethics/legality of that, but if I were in your position I would look into it. I guess that you would probably need the protocols for LM. I'm not familiar with the TICS, but I know there are freely available assessments that have been validated for administration via the phone (e.g., maybe MoCA blind?), if that's what you're looking for. Regular MoCA would probably be a fine candidate if you have the participant right in front of you.

 

[WisNeuro]

I was going to suggest purchasing the manual (WAIS) and then recording responses on blank (or lined paper) -- If you have access to manuals through your Clinic, then maybe you can just borrow those manuals after hours. I'm not sure about the ethics/legality of that, but if I were in your position I would look into it. I guess that you would probably need the protocols for LM. I'm not familiar with the TICS, but I know there are freely available assessments that have been validated for administration via the phone (e.g., maybe MoCA blind?), if that's what you're looking for. Regular MoCA would probably be a fine candidate if you have the participant right in front of you.

Some people make their own forms, but legally/technically you are supposed to either staple a copy of the blank official form with yours, or document that you destroyed X number of official protocols for your use of your own. As AA stated above, many people just use photocopied or makeshift forms here and there, but if you wanted to be ethical/legal, you wouldn't do it that way.

 

[jdawg2017]

This whole thread is super interesting... I am really glad I posted it. I am now neurotic enough to think lawyers will truly come hunt me down, but I definitely want to adhere to the ethical side of things and do what is right. Hopefully (fingers crossed) my PI will just buy them for our lab because we do need the kits in general for other studies we are launching. I know my little PhD student training grant isn't going to be able to foot the bill for even a discounted WAIS-IV or WMS-IV kit or manual, LOL.