Academic scientists who use survey measures in their research are increasingly facing threats of legal action, demands for payment, or demands for retraction of published articles for using the survey tools without permission. In some cases the survey tools were developed with public funding and had existed for years and used without issue. An example is the 1975 Mini-Mental State Examination, a series of questions that researchers used without issue before publication rights were transferred to a new company and strictly enforced starting in 2001.

Although there can be good reasons for imposing restrictions on use of published survey measures, authors of the commentary say aggressive pursuit of “infringers” can hinder research and the advancement and dissemination of knowledge. Authors make recommendations to address concerns of developers, researchers (users of the tools), publishers and funders on the topic.