Many tests and other instruments are used in the fields of education and psychology. "Published" tests are available from commercial publishers and are typically subject to various restrictions. Using them normally requires contacting the author or publisher to request a copy of the instrument or permission to use it. There is often a cost associated with use.
"Unpublished tests" are not commercially available for purchase. Some are difficult to locate, while others are found in journal articles or books. Sometimes, the author gives permission to reproduce or use the instrument. It may be unclear if use is permitted or not; in that case, you should assume that you do not have permission to use the instrument. You may decide to contact the author for permission to use or modify the instrument. It is the user’s responsibility when using any test to adhere to copyright requirements.