For-Profit Courses that Use Concepts from Therapy Models by other Researchers

[japhon]

Hello,

I have a complicated question that I have not been able to find an answer to via online research. I will try to include all the information that seems relevant, but I'm happy to provide any other info that is needed. Any help or suggestions would be greatly appreciated!

Basically, I'm curious about what I can and cannot use in the design of online courses that teach therapeutic concepts/principles that I did not design/research.

I am a licensed psychologist trained in a number of therapy techniques including Cognitive Behavior Therapy (CBT), Dialectical Behavior Therapy (DBT), and Acceptance and Commitment Therapy (ACT). These are all therapeutic models that have been researched/tested in academic institutions by a number of professors/researchers over the years. The research has been funded by both federal grants and state university grants.

The courses I want to design would be provided online (both from my website and other online platforms) for a fee. They would NOT qualify as therapy (which I would make clear), but would be psycho-educational resources to increase understanding about various psychological topics and teach specific coping strategies and skills. They would consist primarily of original text, audio, video, and graphics created by myself. However, I would need to use a lot of concepts, terms, techniques, and strategies that were designed by other researchers and published in empirical articles/journals. I would also want to include (if allowed) worksheets/homework assignments that closely mirror worksheets/activities designed by other researchers. I would, of course, credit/cite these researchers whenever appropriate.

Here are my specific questions:
- What am I allowed to use/not use in a for-profit online course?
- What would I need to cite?
- Would I need to get permission from the researchers?
- Would I need to get permission from the academic journals?
- What of my original work, if any, would be protected?

Thank you so much for your help!

 

[quincy]

Hello,

I have a complicated question that I have not been able to find an answer to via online research. I will try to include all the information that seems relevant, but I'm happy to provide any other info that is needed. Any help or suggestions would be greatly appreciated!

Basically, I'm curious about what I can and cannot use in the design of online courses that teach therapeutic concepts/principles that I did not design/research.

I am a licensed psychologist trained in a number of therapy techniques including Cognitive Behavior Therapy (CBT), Dialectical Behavior Therapy (DBT), and Acceptance and Commitment Therapy (ACT). These are all therapeutic models that have been researched/tested in academic institutions by a number of professors/researchers over the years. The research has been funded by both federal grants and state university grants.

The courses I want to design would be provided online (both from my website and other online platforms) for a fee. They would NOT qualify as therapy (which I would make clear), but would be psycho-educational resources to increase understanding about various psychological topics and teach specific coping strategies and skills. They would consist primarily of original text, audio, video, and graphics created by myself. However, I would need to use a lot of concepts, terms, techniques, and strategies that were designed by other researchers and published in empirical articles/journals. I would also want to include (if allowed) worksheets/homework assignments that closely mirror worksheets/activities designed by other researchers. I would, of course, credit/cite these researchers whenever appropriate.

Here are my specific questions:
- What am I allowed to use/not use in a for-profit online course?
- What would I need to cite?
- Would I need to get permission from the researchers?
- Would I need to get permission from the academic journals?
- What of my original work, if any, would be protected?

Thank you so much for your help!

What is the name of your state, japhon, or, if not in the US, what is the name of your country?

Facts and ideas are not protected under US copyright laws. Whether you will require permission from researchers and to use material from academic journals depends on what exactly you will be using and how you will be using it. It is always best when using another's rights-protected work to seek permission from the rights-holder first.

Any original work that you create is automatically copyright-protected.

 

[japhon]

Thanks so much for your response!

I am in Utah, USA. But obviously, the courses would be online and consumed anywhere.

Some of the skills that would be taught (especially from DBT) use specific acronyms (like: DEAR MAN, ABC Please, GIVE) and are techniques that are meant to be used in a specific order. Does that make a difference at all?

 

[quincy]

I am going to spend some time becoming more familiar with the therapy techniques you want to include in your courses before I fully address the questions you have asked, japhon. This will require research - so if I don't get back to your thread right away, don't worry. I'll be back.

I can tell you now, however, that you need to be very cautious about patterning your worksheets and assignments after those created by other researchers. Generally you can use the same material (facts/ideas) used by researchers to create your own worksheets and assignments, but the expressions of the material used by others will be rights-protected. You cannot copy their questions or assignments. You must make your worksheets and assignments original to you.

Thank you for providing your state name.

 

[quincy]

Hello,

... Basically, I'm curious about what I can and cannot use in the design of online courses that teach therapeutic concepts/principles that I did not design/research ...

... They would consist primarily of original text, audio, video, and graphics created by myself. However, I would need to use a lot of concepts, terms, techniques, and strategies that were designed by other researchers and published in empirical articles/journals. I would also want to include (if allowed) worksheets/homework assignments that closely mirror worksheets/activities designed by other researchers. I would, of course, credit/cite these researchers whenever appropriate.

Here are my specific questions:
- What am I allowed to use/not use in a for-profit online course?
- What would I need to cite?
- Would I need to get permission from the researchers?
- Would I need to get permission from the academic journals?
- What of my original work, if any, would be protected? ...

I only was able to very briefly look into this for you, japhon. You will probably want to sit down with an IP lawyer in your area for a better opinion based on better research. That said, I can provide some information.

First, there should be no issue at all with you using material original to you (text, audio, video, graphics), as long as in your work you do not include anyone who has not previously granted you permission to use them in your text, audio, videos or graphics. Any of your own original and creative work is protected. Any rights-protected works of others that you include in your own work remains the property of the original author. You can protect the way you organized and selected the works included in your own work, however. In other words, even when you do not have rights in parts of your work, you can have rights in the work as a whole.

There appears to be no issue with you using DBT, DEARMAN, ABC Please or GIVE. They appear to be in common usage in your field. There should be no issue with using widely-used and accepted concepts, terms, techniques and strategies.

You will want to get permission from any author/researcher/rights-holder to use any of the concepts, terms, techniques or strategies that are unique to that author alone (that deviates from the knowledge common in your field).

While excerpts of research papers can be quoted and attributed, how much (and sometimes what) can be quoted is difficult to determine with any sort of certainty. You want to use only enough to make your point but not enough to infringe on the rights of the author. And you will want to cite the works in the way the authors want them cited.

As to the order of the skills, if the order is the only way that these skills can be used or the only way they make sense, the order would not be rights-protectable. For example, when you make cookies, you must first make the batter (or slice up a roll of cookie dough ) before you can cook them.

Because it is hard to judge exactly what you are going to be doing, despite the good information you provided in your post, you really need to have a personal review of your online course offerings and what exactly you plan to use in them. I recommend not only this review but also that, to best ensure no rights are infringed, that you seek the permission from all whose work you want to use as an aid in your courses.

Good luck.