I’m trying to answer a copyright question that I haven’t been successful in googling.
I’m currently working with a producer who went through hypnosis therapy as a child. She received taped copies of their sessions together that she was supposed to listen to while falling asleep.
Her family paid for the sessions (and therefore the tapes). And so, when the therapist handed over the tapes, did she give up her copyright? Was a licensing implied? Or do we legally need her permission before we can air them?
Of course, there’s also a separate ethical question here. But one step at a time, right?
Interesting question- which raises tons more questions. I am a therapist and I would have some wonderings about the intent re using the tapes – the intended audience- the use of appropriate disclaimers to the intended audience – the agreement between the therapist and the parents with respect to the use of the tape- is the former therapist still alive? Is the tape considered work product? Psychotherapy notes? Is it really a hypnosis tape or a relaxation tape? Do you intend to use it/them in their entirety or segments? Etc.,etc.,
Hi: I have done rights clearances for numerous TV and film documentaries. A big question is: When the family paid for the tape recordings, did they sign a release to obtain all rights to the tapes? That is the big question. You need to find out who owns the tapes, the family or the therapist. Usually when someone pays to have tapes like this made they sign a contract giving them all the rights to the tapes.
Hope this helps. If you have any other questions, let me know. I’ve licensed a lot of material and am well-versed in public domain rights as well.Diane Bernard