Reid and Nicolla (2022)

From Copyright EVIDENCE

Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education Libraries, archives, museums and other cultural activities

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing Video game publishing Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

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

Source Details

Reid and Nicolla (2022)
Title: Exploring Music Therapists’ Experiences With and Perceptions About Copyrighted Music: A Thematic Analysis
Author(s): Reid, A., Nicolla, S.K.
Year: 2022
Citation: Reid, A. and Nicolla, S.K. (2022) Exploring Music Therapists’ Experiences With and Perceptions About Copyrighted Music: A Thematic Analysis. Journal of Music Therapy, 59(3), 269-306
Link(s): Definitive
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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:
Data Analysis Methods:
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Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: No
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Abstract

“Patient-preferred music is often copyrighted music; prior research, however, has paid scant attention to music therapists’ understanding and use of copyrighted music. To fill a gap in the literature, this exploratory study sought to understand music therapists’ experiences and perceptions about permissible therapeutic uses of copyrighted music. Semi-structured interviews were conducted with 18 board-certified music therapists working in the United States. Collectively, these participants had over 300 years of professional experience. The interview transcripts were analyzed using an inductive approach to thematic analysis. Five main themes were identified: (1) copyright concerns created a complex psychological burden; (2) therapeutic needs warranted use of copyrighted music; (3) perceptions varied on permissible therapeutic practices using copyrighted music; (4) varied sources informed an understanding of copyright law; and (5) copyright clarity was needed to reduce the psychological burden. These themes suggest that psychological stress was produced by copyright uncertainty coupled with attempts by participants to satisfy diverse interests and protect multiple stakeholders, including patients, employers, their profession, and the law. Our findings suggest that a lack of clarity about permissible uses of copyrighted music can complicate music therapists’ decision-making about appropriate therapeutic interventions. Clarity on permissible therapeutic uses of music could yield benefits for music therapists, patients, and the community.”

Main Results of the Study

• Copyright concerns create a psychological burden for therapists, causing self-doubt, worry and anxiety as to whether therapists are doing the ‘right thing’ (complying with copyright law).
• Therapeutic needs of patients warrant the use of copyrighted music. Patients find copyrighted music more relatable, enjoyable, and help therapists build a rapport with patients. Copyrighted music is thus not substitutable with non-copyrighted music to the same therapeutic effect.
• Therapists’ perceptions vary on the permissible therapeutic practices using copyrighted music. Therapists are unsure, for example, whether music can be played in-person but not online, or whether therapists are permitted to edit lyrics (e.g., derivative works).
• Information about copyright law comes from various sources. Therapists lack appropriate training on how copyright works, with most information being shared second hand by peers.
• Clarity on how copyright works might reduce this psychological burden. Lack of enforcement against therapists is, in itself, not enough to relieve this.

Policy Implications as Stated By Author

The study makes the following policy recommendations:
• Introducing a statutory exemption for the use of copyrighted works in therapy;
• an industry-negotiated licence for the use of copyrighted music works in therapy or;
• a judicial determination on the fair use of music in therapeutic settings.



Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Green-tick.png
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)
Green-tick.png
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: