What does not require permission?
U.S. Copyright Law exempts certain limited use of copyrighted works, referred to as "fair use" and such uses are permissible without a license or permissions agreement. The law requires that a good faith determination be made based on the balance of four factors: purpose and character of the use, nature of the copyrighted work, amount and substantiality of the portion used in relation to the copyrighted work as a whole, and effect of the use upon the potential market for or value of the copyrighted work. These factors are subject to interpretation, and careful analysis is required. Consulting legal advisors is encouraged. When in doubt, please contact ยายืสำฦต to discuss any questions related to permissions and fair use.
ยายืสำฦต generally considers certain uses of, and references to, its copyrighted material in statutes, regulations, or policy documents of a government agency to fall within the Fair Use doctrine and to be permissible without a permission agreement; likewise, ยายืสำฦต generally considers the use of ยายืสำฦต’s trademarked name for purpose of reference and identification of the standard rather than to market a service or suggest an endorsement or sponsorship to be permissible without a permission agreement. Similarly, limited uses by providers to reference their use of The ยายืสำฦต Criteria for regulatory purposes and, to the extent necessary, to comply with the law may also qualify as fair use or as otherwise non-infringing. For example, providers do not need a permission agreement to implement The ยายืสำฦต Criteria or to certify their compliance with relevant state requirements. However, a permission agreement is needed for any provider that wishes to publish or market their use of The ยายืสำฦต Criteria, or to otherwise use The ยายืสำฦต Criteria content or trademarks in connection with the sale, offering for sale, distribution, or advertising of any goods or services.
ยายืสำฦต also acknowledges uses for educational purposes to be within fair use and does not require a permissions agreement for such purposes. ยายืสำฦต looks to existing copyright law to define an educational purpose to include material used in educational institutions and for educational purposes. Examples of educational institutions include K-12 schools, colleges, and universities. Libraries, museums, hospitals, and other nonprofit institutions and public entities also are considered educational institutions under most educational fair use guidelines when they engage in nonprofit instructional, research, or scholarly activities for educational purposes.
ยายืสำฦต further defines educational purposes to include:
- Noncommercial instruction or curriculum-based teaching by educators to students at nonprofit educational institutions,
- Planned noncommercial study or investigation directed toward making a contribution to a field of knowledge, or
- Presentation of research findings at noncommercial peer conferences, workshops, or seminars.
- Basic introductory trainings to familiarize staff with the basic conceptual framework for The ยายืสำฦต Criteria, ยายืสำฦต multidimensional assessment, and/or ยายืสำฦต levels of care.
- Educational materials, presentations, and documents that describe the basic conceptual framework for The ยายืสำฦต Criteria, ยายืสำฦต multidimensional assessment, and/or ยายืสำฦต levels of care.
Training programs on The ยายืสำฦต Criteria do not qualify for a fair use exception.
As noted above, minimal use of the ยายืสำฦต name and/or citations to the content may also qualify for a fair use exception. Unless an intended use falls within the narrow exceptions described in this response, a permission agreement is necessary.
Uses that fall within the ยายืสำฦต fair use guidelines still require the inclusion of a citation, such as the following:
Mee-Lee D, Shulman GD, Fishman MJ, Gastfriend DR, Miller, eds. The ยายืสำฦต Criteria: Treatment Criteria for Addictive, Substance-Related, and Co-Occurring Conditions. 3rd ed. Carson City, NV: The Change Companies; 2013. Copyright 2013 by the ยายืสำฦต.
Waller RC, Boyle MP, Daviss SR, et al, eds. The ยายืสำฦต Criteria: Treatment Criteria for Addictive, Substance-Related, and Co-occurring Conditions, Volume 1: Adults. 4th ed. Hazelden Publishing; 2023.
When will ยายืสำฦต deny permission?
ยายืสำฦต does not permit use of ยายืสำฦต service marks or allow copyrighted material to be modified or adapted. Permission to use content that has been discontinued will not be granted. Requests deemed inconsistent with ยายืสำฦต's mission will be denied.
For questions, contact pubs@asam.org
Permissions Fees
Permissions fees are determined by the intended use, scale of distribution, and other factors. Permission is not granted until fees are paid in full and ยายืสำฦต receives a completed permission agreement.