My organization develops and distributes language tests (among many
other things). My testing colleagues are currently making minor
revisions to one of the tests and fairly significant changes to the test
manual--that is, the manual that explains how to administer and score
the test. In this manual, they want to include several writing samples
from the tests of recent examinees to provide examples of writing at
each possible score level. The specific tests from which they want to
draw these samples were administered as part of a small study to confirm
the validity of the slightly revised version of the test.
Unfortunately, at the time the tests were administered, my colleagues did not request permission from the students (all of whom are adults) to use their test responses in the manual or in any other test-related materials that might be produced. So my question is, Do they need to try to track down the examinees whose writing samples they want to use to obtain permission? In the absence of any written agreement, do the examinees' responses belong to the examinees or to the test owner? The way the test works is that programs purchase the necessary testing materials, administer the tests, then send the answer booklets back to us for scoring. We then send them their students' scores, but we retain the physical test booklets.
I am always reluctant to use someone else's writing without their knowledge or consent, but my testing colleagues don't understand my reluctance in this case. I am hoping that some of you may be more knowledgeable about copyright and standard practice in this area than we are and can offer some guidance.
Thanks in advance for your help.
Jeannie Rennie
Senior Editor
Center for Applied Linguistics
4646 40th Street NW
Washington, DC 20016-1859
202-362-0700 ext. 501
jeannie[_at_]cal.org
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