Psychodiagnostic tests and their use: a copyright perspective

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216224%3A14220%2F17%3A00113773" target="_blank" >RIV/00216224:14220/17:00113773 - isvavai.cz</a>

Result on the web

<a href="https://ppao.upol.cz/wp-content/uploads/2016/02/sbornik_ppao_2017_v6_mh_final.pdf" target="_blank" >https://ppao.upol.cz/wp-content/uploads/2016/02/sbornik_ppao_2017_v6_mh_final.pdf</a>

DOI - Digital Object Identifier

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Result language

čeština

Original language name

Psychodiagnostic tests and their use: a copyright perspective

Original language description

The aim of this paper is to provide a brief overview of problematic issues related to the use of the psychodiagnostic test. The first part deals with the question of when and under what conditions psychodiagnostic tests can be protected by copyright law at all. Assessing the existence of a work with the help of the "test of the conceptual features of a work" (Telec, 1997b) is crucial for the application of legal protection provided by the Copyright Act. The next part of the paper analyses when and under what conditions the object of protection (i.e. the work) to which the researcher does not exercise the relevant rights may be used. This may be allowed either on the basis of a license agreement or on the basis of an exception or limitation to copyright law, in particular the quotation exception. The so-called three-step test that could be understood as a general material condition for the application of all legal exceptions and limitations of copyright is introduced and explained. In conclusion, the paper recommends a rather defensive and restrictive approach to non-contractual institutes allowing the use of the work in order to prevent potential disputes. An alternative to commercially-provided psychodiagnostic tests may be the use of psychodiagnostic tests that are available under the so-called public licenses. Even in this case, however, it is necessary to respect the conditions set by the author in the selected license (such as the prohibition of commercial use), as non-compliance leads to termination of the license and ultimately to infringement of copyright.

Czech name

Psychodiagnostic tests and their use: a copyright perspective

Czech description

The aim of this paper is to provide a brief overview of problematic issues related to the use of the psychodiagnostic test. The first part deals with the question of when and under what conditions psychodiagnostic tests can be protected by copyright law at all. Assessing the existence of a work with the help of the "test of the conceptual features of a work" (Telec, 1997b) is crucial for the application of legal protection provided by the Copyright Act. The next part of the paper analyses when and under what conditions the object of protection (i.e. the work) to which the researcher does not exercise the relevant rights may be used. This may be allowed either on the basis of a license agreement or on the basis of an exception or limitation to copyright law, in particular the quotation exception. The so-called three-step test that could be understood as a general material condition for the application of all legal exceptions and limitations of copyright is introduced and explained. In conclusion, the paper recommends a rather defensive and restrictive approach to non-contractual institutes allowing the use of the work in order to prevent potential disputes. An alternative to commercially-provided psychodiagnostic tests may be the use of psychodiagnostic tests that are available under the so-called public licenses. Even in this case, however, it is necessary to respect the conditions set by the author in the selected license (such as the prohibition of commercial use), as non-compliance leads to termination of the license and ultimately to infringement of copyright.

Type

D - Article in proceedings

CEP classification

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OECD FORD branch

50501 - Law

Project

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Continuities

I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace

Publication year

2017

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Article name in the collection

Work potential and its changes over time

ISBN

9788074547140

ISSN

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e-ISSN

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Number of pages

10

Pages from-to

453-462

Publisher name

Univerzita Tomáše Baťi

Place of publication

Zlín

Event location

Zlín

Event date

Jan 1, 2017

Type of event by nationality

EUR - Evropská akce

UT code for WoS article

000473811400041