How should medical researchers respond to false copyright infringement claims?

Abstract

Serious concerns have been raised about the Morisky Medication Adherence Scales (MMAS-4 and MMAS-8) ever since researchers from Asia and other regions were claimed to have used the MMAS without a license. Donald Morisky and his team have claimed that numerous authors have infringed copyright, trademark, or other rights over the MMAS. This case study will scrutinize whether the MMAS is protected by any intellectual property rights, including copyright and trademark. In many cases, the authors have not applied the MMAS for their research, but have only introduced or described the MMAS in papers that are accessible and open to the public. The MMAS is a measure to keep track of and check the regularity and accuracy with which patients take their medications; it is not meant as a diagnosis and does not form a basis for treatment plans. If another researcher rephrases the questions in a way that achieves a certain level of originality, not infringing the original expressions of the MMAS, then Morisky and his team may not be able to claim infringement of its copyright. Even assuming that the MMAS is subject to copyright, the authors can raise a “fair use” defense. Concerted actions may be necessary for researchers to protect academic integrity and the public nature of scholarly works. The fair use of the MMAS in a scholarly article should not be barred by false copyright infringement claims.

Keywords

• survey questionnaires
• copyright
• fair use
• infringement
• license