Copyright Permissions for ASAM Criteria Training Vendors

ASAM provides licensing agreements to individuals or organizations interested in providing training on The ASAM Criteria.

How to determine whether your program constitutes education or training

ASAM acknowledges use of The ASAM Criteria for educational purposes to be within fair use and does not require a permissions agreement for such purposes. ASAM 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 public entities and nonprofit institutions also are considered educational institutions under most educational fair use guidelines when they engage in nonprofit instructional, research, or scholarly activities for educational purposes.

ASAM 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 ASAM Criteria, ASAM multidimensional assessment, and/or ASAM levels of care.

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 with legal advisors is encouraged. When in doubt, please contact ASAM to discuss any questions about obtaining a no-cost permissions agreement for educational purposes.

ASAM generally considers education or trainings to be fair use if they:

• Provide a high-level overview of The ASAM Criteria or related products or content

• Do not assess implementation of The ASAM Criteria by a specific provider, facility, organization, or public entity
• Do not claim to train, certify, or otherwise qualify providers or staff to use The ASAM Criteria in clinical practice or business operations
• Properly disclaim that the instructor, course, and training materials are not sponsored or endorsed by ASAM
• Do not reproduce copyright-protected content beyond the information provided on the ASAM website
  

Unless an intended use falls within the narrow exceptions described here, a license or permission agreement is necessary.

How to obtain a permission agreement to provide ASAM Criteria training

For individuals or organizations interested in obtaining permission to provide trainings on The ASAM Criteria can apply  here. If you have any questions please contact ASAMCriteria@asam.org