Should You Copyright Your Therapeutic Material

Professional Experience Article

Should you copyright your therapeutic materials? Three factors for therapists to consider.

As soon as you commit your own work to some sort of medium, like a worksheet or training manual, it is considered copyrighted In short, you have basic protection for most professional things you create and record “Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression” (US Copyright Office, 2023). There is nothing you need to do further to establish your ownership. However, you do have the additional option of officially registering your material with the US Copyright Office. As a therapist, is this a step that would make sense for your practice? Consider these three questions to help you decide.

What do you hope to accomplish with the material you develop?

If you primarily plan to use your materials within your own practice or with a limited number of other professionals you trust, there may not be a justified need to apply for an official copyright. However, if you’ve developed materials with the intent to publish or widely distribute them, it could be wise to establish your authorship and ownership through official channels. This can prevent others from taking credit for your work and provides contact information for those would like to distribute your work

Will copyrighted material enhance your brand?

Many professionals seek to stand out by crafting their personal and professional brand Psychotherapy is no different Having an official copyright issued by the US government conveys status and legitimacy. It also provides a certificate of registration that can be displayed, as well as an identification number that can be included on the registered material when it is distributed. These professional touches can represent an established expertise or allow one to stand out in a crowded field In turn, this can bolster one’s brand and generate additional opportunities

Do you anticipate the need for legal protection?

Updating a cognitive restructuring worksheet you developed to include your practice logo is unlikely to result in a legal battle over ownership or distribution However, if you’ve written a treatment manual for anxiety that presents groundbreaking new techniques, you should be wary of unauthorized copying of your work. In that case, it might be warranted to have some enhanced legal protection. In order to sue for copyright infringement, you will need to have officially registered your material with the US Copyright Office. Without that protection, you have little personal recourse if your work is plagiarized. With an official copyright, you can also register your material with the US Customs Office to protect against pirated copies of your work being imported.

For many therapists, there may not a foreseeable need to formally register a copyright However, there are professional and legal benefits from doing so that could translate to increased opportunities if you plan to share your therapeutic materials more widely. There is also little downside as the application process can be done online and costs less than $100.

US Copyright Office (n.d.). What is copyright?. What is Copyright? | U.S. Copyright Office. https://www.copyright.gov/what-is-copyright/

Written By: Heidi Brescher, LCSW

Heidi Brescher is an LCSW in private practice. Her background is in acute residential treatment and well as case management with forensic clients She lives and works in Southwest Florida