| Many hypnotists and hypnotherapists as well as | | | | would have grounds to pursue action under the |
| others in the integrative health community spend a | | | | copyright law. |
| considerable amount of time writing, communicating, | | | | As I speak, teach, write, and develop ideas and |
| and developing ideas. However, I have never seen | | | | theories, I am extremely concerned that I do not |
| any conference or workshop address the nature and | | | | infringe on the intellectual properties of others and |
| dynamics of intellectual property rights. This topic is | | | | that I protect my rights to my works, branding, and |
| important for several reasons and therefore should | | | | ideas. Also, I am very concerned that my |
| be a mandatory topic for discussion. | | | | contributions create value to my profession and the |
| Intellectual property laws are designed to protect | | | | public. Therefore, I am concerned that less than |
| your creative works, your branding, and your ideas. | | | | altruistic individuals or organizations may attempt to |
| Conversely, they are not meant to suppress further | | | | steal my intellectual property and thereby begin |
| intellectual development which should occur | | | | controlling its further development. While I know that |
| subsequently. The protection of the rights of the | | | | nothing can be "taken with me when I go", I would |
| originator and the subsequent developer are similarly | | | | like to leave a legacy based upon my contributions. It |
| important to the evolution of our profession. Should | | | | is not about money. |
| someone attempt to inhibit intellectual property rights | | | | I address my concerns in several prudent ways. First, |
| by stealing, such as in the form of plagiarism, | | | | for the most part my work is written or subject of |
| trademark infringement, or patent violation, then the | | | | an audio or video recording. If I give a speech which |
| entire profession (and the public) has been harmed. | | | | has unique information which I wish to protect, I |
| Civil penalties are designed to prevent such activities. | | | | record or transcribe it. Although copyright notice is |
| However, should someone prevent further intellectual | | | | not required, I normally clarify my intent by including |
| development by inappropriately trying to enforce a | | | | an appropriate statement. Second, other than articles, |
| misconceived claim of an intellectual property right, | | | | all of my courses, workshops, and books have a |
| they could also be the subject of civil actions for | | | | unique title which I promptly claim a trademark. Of |
| damage. And, most importantly, they can be found | | | | course, I make sure that the title meets trademark |
| guilty of "restraint of free trade" under the Clayton | | | | criteria. And thirdly, while I have been advised on |
| Act. The latter is a criminal felony punishable by | | | | multiple occasions to patent some of my ideas, I |
| incarceration. This article is meant to give a | | | | have not done so at this point. My concern has not |
| non-attorney's opinion of how intellectual property | | | | been so much that I protect my ideas for the |
| rights apply to the hypnotherapy profession. My | | | | purpose of monetary gain. Rather, I hope that my |
| thoughts are based on attaining two masters | | | | contributions will benefit others and that people |
| degrees in business, teaching on the faculty of two | | | | smarter than me can build on my ideas. Nevertheless, |
| universities and many years as a business owner and | | | | I may eventually go the patent route to prevent |
| entrepreneur. I have relied heavily on prior legal | | | | some unscrupulous entrepreneur from trying to pawn |
| advice and resources such as the Library of Congress | | | | off my ideas as his own and therefore restricting |
| and I will discuss my opinion and ideas on how this | | | | further use. (This is why CERN and Tim Berners Lee |
| applies to many aspects of our profession. Intellectual | | | | decided to protect the concept of the World Wide |
| property in the US is covered under three sets of | | | | Web.) Unfortunately there are those who |
| laws. These are copyright, trademark, and patent. | | | | inappropriately attempt to assert intellectual rights |
| Unfortunately, I too often hear and read about the | | | | due to honest ignorance. And, sometimes it is due to |
| ill-informed throwing around these terms with | | | | malicious ignorance coupled with short-sighted, |
| reckless impunity. The resulting misconceptions lead | | | | self-serving greed. These people will use threats and |
| to threats and retards the development of ideas. | | | | intimidation. The fact that they have successfully |
| And as mentioned above, ignorance of the terms | | | | bullied numerous people previously, does not make |
| may open the parties to civil and criminal action. | | | | them any more right. In fact, if they have |
| When someone creates a verbal, written, or audio | | | | misrepresented their claims and led others to a loss |
| work then they have the right to profit from their | | | | of financial potential and cause a "restraint of free |
| creation for a specific period of time. This is called a | | | | trade", then the misguided claimant could become the |
| copyright. Under the current law you do not have to | | | | target of civil and criminal action. |
| claim your copyright (or defend it) in order for it to | | | | If you are the target of such misbehavior or have |
| be valid. Violations are handled in civil courts and the | | | | suspicions that you may be the subject of legal |
| penalties, to include court costs, can be very steep. | | | | action involving intellectual property rights, then |
| Copyright protection is strengthened if the work is | | | | seeking competent legal advice should be a priority. |
| filed with the Library of Congress. However, this | | | | The fact that someone is emotionally and vigorously |
| does not stop non-filed works from being protected. | | | | harassing you does not mean that you have |
| While a lot more can be copyrighted than you | | | | committed a transgression. Upon initial contact you |
| probably think, there are specific things that cannot. | | | | could ask them for documentation. If it is a |
| A copyrighted work must be in tangible form. This | | | | trademark issue they should have a registration letter |
| means that it must be written, recorded, or notated | | | | that gives the specifics of the marks to include the |
| before copyright protection can be expected. When | | | | class of commerce to which it is applied. If it is a |
| you give a speech, your content is probably not | | | | patent, they should be able to give you similar |
| protected. However, if you record or transcribe it, | | | | documentation. If it is a claim of a copyright violation, |
| this is a whole different situation. And, titles, names, | | | | I would suggest inquiring how the work was |
| short phrases, slogans are not copyrightable. This | | | | recorded or notated and how you could get a copy |
| means that "Tim Brunson", "the Brunson technique", | | | | to verify the potential violation. If an attorney sends |
| "You gotta do it the Brunson way!" are not covered | | | | you a "cease and desist" letter, I feel that it is in |
| by copyright laws. | | | | your rights to request such information. (In one such |
| Then this brings up the concept of trademark. A | | | | case after receiving an attorney's letter, I requested |
| trademark or service mark is a branding concept | | | | the trademark registration and found the person who |
| which allows you to relate a word, phrase or symbol | | | | originally called me had vastly exaggerated the scope |
| to a specific product or service. The big difference | | | | of his trademark. And, this trademark did not apply |
| between copyright and trademark is the right holder's | | | | to the class of commerce which I was operating |
| responsibility to defend. I've read and been informed | | | | within. It was obvious that the attorney had not |
| by my attorney that a trademark holder can lose | | | | done his homework before sending the letter. This |
| their rights if they fail to protect them when they | | | | "oversight" could be the grounds for a complaint to |
| detect a violation. But with a copyright, a lack of | | | | the attorney's bar association.) However, you need |
| defense does not threaten your rights under that | | | | to use good judgment and promptly seek legal |
| law. | | | | assistance. Regardless, the fact that someone makes |
| Again, everything that you may wish to trademark | | | | a claim does not mean that you are automatically at |
| may not be allowable under the law. For instance, | | | | fault. If they are sincere, they should have no |
| you cannot trademark a name, geographic location, a | | | | problem providing you with the documentation. This is |
| number, or a descriptive phrase. So, "Tim Brunson", | | | | much cheaper than going the legal route. But |
| "Chicago", "386", and "perfect pools" cannot be | | | | remember that anyone can intimidate by filing a law |
| trademarked. Also, a trademark is considered only | | | | suit. All they need is the ability to pay a filing fee. This |
| valid for a class of commerce. For instance, Delta | | | | does not mean that you are guilty. On the other |
| Airlines holds the trademark for the word "Delta" only | | | | hand, the claimant may be equally liable for civil |
| so far as it pertains to the airline industry. If Delta | | | | damages and even criminal charges if their action is |
| River Boats decides to use the word "Delta" in | | | | not based upon facts and the law. So, likewise you |
| regards to their business, as this is a different class | | | | can file a counter suit and even press criminal |
| of commerce, it is generally acceptable. Protecting a | | | | charges. |
| trademark is somewhat more complex than a | | | | Over the past year I have learned of two incidents |
| copyright. You must make it very clear that the | | | | involving intellectual property rights within the |
| allowable trademark or service mark is intended to be | | | | hypnotherapy profession. One involved a close friend |
| used as such. And again, you must be willing to | | | | who was upset at a conference organizer for |
| defend it in court if necessary. Having a trademark | | | | "allowing" another colleague to present a workshop |
| searched and registering it with the US Patent and | | | | similar to hers and who had "obviously" used her |
| Trademark office I would like to believe would give | | | | material. The second incident concerned a publisher |
| you a superior claim in court. | | | | who has admitted to frequently bullying others not to |
| This leaves me to the final category, which involves | | | | write or teach about certain techniques or to use |
| ideas, procedures, principles, and devices. The | | | | certain names or terms based upon his copyright |
| Copyright Act specifically exempts these from that | | | | claims. While I am not going to comment on the |
| law. They can only be protected by obtaining a | | | | merits of either claim, what I have noticed is |
| patent. Writing your ideas or procedures in an article, | | | | considerable confusion and misconceptions that have |
| book, or conference handout does not protect them | | | | further fueled emotion-laden controversies. These |
| under copyright law. While such actions may preclude | | | | could have been prevented had the parties been |
| verbatim copying of words or duplication of audio or | | | | educated on the actual law versus relying upon fears |
| video recordings, the ideas, procedures or principles | | | | and greed as their guides. |
| discussed are not protected unless they are | | | | In closing, I want to remind you that this article is not |
| patented. This means that if I developed "the six | | | | "legal advice". Merely, it is my view and opinion based |
| step Brunson technique of medical hypnotherapy" and | | | | upon years of business education, research, and |
| someone else decided to comment on my ideas or | | | | unfortunately more than one opportunity to pay for |
| even incorporate them into courses which they | | | | legal advice concerning this matter. Although I hope |
| present, then unless I have a patent I have no | | | | that this has been a benefit to the reader, obviously |
| grounds to complain. The fact that I have taught my | | | | if any of the foregoing strikes a chord, I would |
| techniques for 25 years does not prevent others | | | | suggest that you embark on further research and |
| from using my ideas. Of course, if they were to | | | | hire a competent property rights attorney to advise |
| reprint my course handout, I would assume that I | | | | you. |