Reid and Kresovich (2021)

Source Details

Reid and Kresovich (2021)
Title:	Exploring Music Therapists’ Experiences With and Perceptions About Copyrighted Music: A Thematic Analysis
Author(s):	Reid, A., Kresovich, A.
Year:	2021
Citation:	Reid, A. and Kresovich, A. (2021) Copyright as a Barrier to Music Therapy Telehealth Interventions: Qualitative Interview Study. JMIR Form Res., 13(5)
Link(s):	Open Access
Key Related Studies:	Aufderheide et al. (2012) Ghezeljeh et al. (2016) Silverman et al. (2016) Carvajal (2020) Reid (2020)
Discipline:	O34: Intellectual Property and Intellectual Capital
Linked by:

About the Data
Data Description:	Data were collected from interviews with certified music therapists (n. 18) identified via snowball sampling. Interviews yielded 13 hours of interview data which was analysed using an inductive, thematic approach.
Data Type:	Primary data
Secondary Data Sources:
Data Collection Methods:	Structured Interview
Data Analysis Methods:	Textual Content Analysis Qualitative Coding / Sorting (e.g. of interview data)
Industry(ies):	Sound recording and music publishing
Country(ies):	United States
Cross Country Study?:	No
Comparative Study?:	No
Literature review?:	No
Government or policy study?:	No
Time Period(s) of Collection:	May 2020 – June 2020
Funder(s):

Abstract

“Background: Music therapy is a multifaceted discipline that harnesses the power of music to treat a wide range of patient populations. A therapist who plays music in a private room for a patient is not subject to copyright restrictions on public performances. However, in the wake of the COVID-19 pandemic, music therapy is no longer strictly confined to the face-to-face setting. This study explores music therapists' perceptions of copyright law with respect to their ability to provide mediated services to their clients.
Objective: The objectives of our study were two-fold. The first was to investigate whether concerns about copyright law are hampering the diffusion of telehealth innovations, and the second was whether these concerns are causing music therapists to avoid therapeutically beneficial telehealth interventions.
Methods: Semistructured interviews were conducted with credentialed music therapists (n=18) in the United States between May 2020 and June 2020. With participants' consent, we used video conference technology to record and transcribe the in-depth interviews. The median interview length was 45 (SD 16.37) minutes. This theoretically informed study employed thematic analysis of the interview data.
Results: The COVID-19 pandemic accelerated the adoption of telehealth interventions to facilitate therapy outside of private face-to-face environments: environments where music therapy practices are largely shielded from copyright infringement concerns. Five main themes emerged, including therapists' uncertainty about permissible uses of music and therapists' erring on the side of caution causing lost opportunities for care. Our interview data suggest music therapists have altered telehealth interventions in suboptimal ways to avoid copyright liability in a physically distanced environment.
Conclusions: Some music therapists "drag their feet" on offering therapeutically appropriate telehealth services to clients because of copyright concerns. Our findings suggest innovative mediated therapies were shied away from or abandoned. These findings offer a novel contribution to the public health literature by highlighting copyright law as an unexpected and unwelcome barrier to the diffusion of music therapy practices in technology-mediated settings.”

Main Results of the Study

• The Covid-19 pandemic accelerated the use of technology-mediated interventions and lack of face-to-face care, which increased therapists’ uncertainty about the use of copyrighted music. Interviewees reported concerns about algorithmic enforcement on online platforms, and additional permission needed from musicians to use copyrighted music on different mediums.
• Copyright concerns resulted in therapists erring on the side of caution, and using music which was sub-optimal to patient welfare outcomes and lost opportunities of care.

Policy Implications as Stated By Author

The study recommends that a new copyright exception should be introduced to permit the use of music in therapy.

Coverage of Study

Coverage of Fundamental Issues

Issue	Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

Coverage of Evidence Based Policies

Issue	Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size:	18
Level of aggregation:	Individual
Period of material under study:	May 2020 – June 2020