Yes. Unless an instrument is in the public domain, then permission is needed to use an existing instrument. If the instrument is public domain, it will be noted in the information about the instrument.

Permission to use the instrument must be obtained by the author of the instrument. If you have tried to contact the author unsuccessfully, discuss with your mentor finding other instruments or creating your own.

It is a violation of intellectual property and copyright laws to use an instrument without permission. For that reason, permission must be obtained to use the instrument. The IRB will not approve your study if you have not secured permission to use or modify the instrument. Therefore, the IRB recommends that you secure permission to use the instrument early on in the study design process to avoid delays if permission cannot be obtained.