On the Benefits of Copyright

(Panel session: ”Copyright: how can we balance the needs of authors, publishers, users, researchers and

clients”)

Dragos Iliescu

International Test Commission: www.intestcom.org

Major benefit of copyright

Provides a vital incentive for the creation of intellectual works

without copyright protection, others could exploit these works

by protecting a work, copyright encourages creativity and enterprise and creates a positive climate for economic usage of intellectual work

Specific benefits provided by

economic rights entitle creators to control use of their works

making copies, broadcasting, etc.[actual “copy-right”]

entitle creators to obtain an appropriate economic reward

[economic exploitation right]

moralentitle creators to be identified as the authors of the work (known as the paternity right)

[paternity right]give creators the right to object to the distortion (modification / mutilation / derogatory action) of the work

[integrity right]

Intellectual property and copyright

Intellectual property is the product of someone's mental efforts.

the product of mental effort = intellectual propertya person’s creativity can not be owned, but its product can be owned in in the same way a physical object can be owned.

Intellectual property covers two main areas: industrial property

patents for inventionstrade marksindustrial designs

copyrighta work is copyrighted at the moment of creationregistration is not necessary for copyright

Copyright in the “Testing World”

Important topic in testingpromoted by one part of the environment (developers & publishers)sometimes grudgingly accepted by the other part (users)completely ignored by yet another part (test takers)

Current understanding of situation

The world of testing is an ecosystem:test authors develop tests (science & personal effort)publishers sell them (investment & marketing)test users use them (and pay for them)but test users need good tests (up to date)

scientific pressure (e.g. new scientific understanding of concepts and mechanisms)time pressure (e.g. norms)

by paying, users encourage more research, new developments, make the investment in money and personal effort on behalf of test authors and publishers worthwhile, and keep the system running

Then there is Test Security and Test User Qualificationkeeping test items secret from the general public in order for the tests to actually function

... and to top it off, there’s also the law ...

Infringement of copyright in testing

sometimes done by professionals in the course of their professional work

sometimes done by researchers under the heading of “Fair Dealing”

critics, reviewers and researchers often quote and use works by other authors"fair dealing" with a work for purposes of private study or research, or for criticism, review or newspaper summary, is NOT infringementbut the line is a thin one

Fair dealing vs. infringement

Fair dealing:Quoting a few lines of the article in a research paperDescribing a psychological measure in the “Measures” section of a scientific paperPresenting a test as part of a University courseReviewing a test...

InfringementReprinting a test manual to use it, or to sell it, without the copyright owner's permissionPhotocopying test itemsUsing test items to build another test...

The ITC Statement On the Use of Tests and Other Assessment Instruments for Research Purposes