Copyleft and Free Use License Agreement for Questionnaire Builder (QBuilder) Library
A CopyLeft and Free Use License Agreement has been created for use by Mentor Research Institute (MRI) and the American Mental Health Alliance (MRI). The purpose is to support the use of a questionnaire research initiative that will allow clinical practitioners on an individual and group basis to create questionnaires and simultaneously through MRI and AMHA support both clinical practice, study and research that is for the betterment of their patients and society.
The United States is facing an unprecedented number of mental health problems that are new, severe and life-threatening. Also, many mental health questionnaires which are designed to screen patients are outdated, are not valid for emerging pandemic problems, and are not available in an affordable efficient electronic form. Patient reported outcome measures, recognized in medical practice, are not available to private practice psychotherapists in ways that are not overly time consuming and disruptive to treatment. This is not just a technological problem, but more importantly an inability to design, create, administer, score, interpret, aggregate results, analyze and report in ways that support data informed clinical decisions and population health policy.
New screening and questionnaires are necessary that can help and not undermine private practice psychotherapy practice. Questionnaires created by academic institutions and for-profit businesses have not been adopted in private practice psychotherapy largely because of high cost, low value and some cases the relationship between the patient therapist. For example, a progress measurement system, paid for by a health plan is mandatory among therapist employees but is not being used by contracted private practice psychotherapists. The reason being that the software provides administrative access to the entire database allowing intrusive oversight by the healthplan. If the current measures were reliable, valid, useful and private, psychotherapists might be using them.
This initiative is an investigation of the extent to which psychotherapist are willing to create and work toward using reliable, valid and useful questions that support clinical practice and better outcomes. It is believed that freedom to create, use and analyze the results of questionnaire is severely limited by existing copyrights that restrict the both the use and modification of questionnaires to better the needs of patients and therapists. For example, changing outdated phrases, sentence structure, word choice and adding a question is forbidden, except for a fair-use. Without fair-use, psychotherapists are compelled to use questionnaires that are outdated, undermine treatment, offensive to some populations and can aversive to many patients. MRI has adopted a copyleft initiative to create, study and use questions, tests and questionnaire in clinical and research purposes as a non-profit program in collaboration with AMHA and PPC.
MRI ADOPTED COPYLEFT: A Creative Commons Attribution 4.0 International Public License
Section 1 – Definitions.
Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.
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Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
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Section 2 – Scope.
License grant.
Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
reproduce and Share the Licensed Material, in whole or in part; and
produce, reproduce, and Share Adapted Material.
Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
Term. The term of this Public License is specified in Section 6(1).
Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(1)(4) never produces Adapted Material.
Downstream recipients.
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No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
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Other rights.
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To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties.
Section 3 – License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
Attribution.
If You Share the Licensed Material (including in modified form), You must:
retain the following if it is supplied by the Licensor with the Licensed Material:
identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
a copyright notice;
a notice that refers to this Public License;
a notice that refers to the disclaimer of warranties;
a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
You may satisfy the conditions in Section 3(1)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URL or hyperlink to a resource that includes the required information.
If requested by the Licensor, You must remove any of the information required by Section 3(1)(1)(1) to the extent reasonably practicable.
If You Share Adapted Material You produce, the Adapter's License Your apply must not prevent recipients of the Adapted Material from complying with this Public License.
Section 4 – Sui Generis Database Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:
for the avoidance of doubt, Section 2(1)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database;
if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
You must comply with the conditions in Section 3(1) if You Share all or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.
Section 5 – Disclaimer of Warranties and Limitation of Liability.
Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
Section 6 – Term and Termination.
This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.
Where Your right to use the Licensed Material has terminated under Section 6(1), it reinstates:
automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
upon express reinstatement by the Licensor.
For the avoidance of doubt, this Section 6(2) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
Section 7 – Other Terms and Conditions.
The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.
Section 8 – Interpretation.
For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
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