Asked in Copyright and Intellectual Property

Q: Can i create a online course on rational recovery without permission?

There is a book and method called rational recovery for quitting alcohol addiction. It is known and famous. I was wondering if I could freely use the idea and use it to create a course on Food addiction or no?

3 Lawyer Answers

A: While the concept of applying addiction recovery methods to different types of addictions is not inherently protected by copyright, there are several important factors to consider when creating an online course, especially one which uses Rational Recovery methods and content:

1. Trademark considerations: "Rational Recovery" is likely a registered trademark (I didn't check this, but I assume it is). Using this exact term in your course title or marketing materials could lead to trademark infringement issues.

2. Copyright of specific content: The book and any associated materials (exercises or worksheets contained within it) are protected by copyright. Directly copying or closely paraphrasing this content would likely be a violation.

3. Method vs. expression: Copyright law protects the expression of ideas, not the ideas themselves. The general concept of rational approaches to addiction recovery isn't copyrightable, but the specific way Rational Recovery presents and implements these ideas may be.

4. Fair use: If you're creating an educational course, you might be able to reference small portions of the Rational Recovery material under fair use doctrine. You probably want to speak to an attorney about how to do this.

5. Derivative works: Creating a course that is too closely based on 'Rational Recovery' might be considered a 'derivative work'. If you are going to do this, you probably want to obtain permission from the copyright holder.

To create your course safely:

1. You can develop your own unique approach to alcohol addiction recovery, inspired by but different from Rational Recovery.

2. Use your own language, examples, and exercises (don't copy from the book).

3. You should definitely cite Rational Recovery as an influence or inspiration if you use their content or ideas, but don't make people think you might be directly associated to them (this would be misleading).

4. Consider reaching out to the Rational Recovery organization for permission or potential collaboration.

In the end, while you can create a course on alcohol addiction recovery using similar concepts, it is important to develop your own unique content and methodology. It is also a good idea to speak with an intellectual property attorney, so that they can advise you on whether or not you are infringing on any protected elements of Rational Recovery.

Bao Tran
PREMIUM
Answered

A: Based on the information provided and the context of your query, here's an analysis of creating an online course on Rational Recovery without permission:

Copyright Considerations:

The book "Rational Recovery" and its specific content are protected by copyright. You cannot directly copy or reproduce substantial portions of the book without permission .

However, ideas and general concepts are not copyrightable. The basic principles of Rational Recovery as an approach to addiction treatment are not protected by copyright .

Trademark Issues:

"Rational Recovery" may be a registered trademark. Using this exact term for your course title or marketing could potentially infringe on trademark rights .

Adapting the Method:

You can create a course that uses similar principles or methods to Rational Recovery without infringing on copyright, as long as you present the information in your own words and don't copy specific text or materials from the original source .

Adapting the method to food addiction, as you suggested, could be seen as a transformative use of the general concepts .

Legal and Ethical Considerations:

While you may be able to create a course based on similar principles, it's important to clearly distinguish your course from the original Rational Recovery program to avoid any confusion or implied association .

Consider using different terminology and branding to further differentiate your course.

Professional Expertise:

Ensure you have the necessary qualifications and expertise to create and teach a course on addiction recovery, especially if you're adapting methods to a different type of addiction .

Disclosure:

It would be ethical to acknowledge the influence of Rational Recovery on your course, while making it clear that your course is not officially affiliated with or endorsed by the original program.

In conclusion, while you can create a course inspired by the principles of Rational Recovery and adapt them to food addiction, you should avoid using copyrighted materials, trademarked terms, or implying any official association with the original program. It's advisable to develop your own unique approach and materials based on the general concepts of rational addiction recovery.

For legal certainty, especially regarding trademark issues, it would be prudent to consult with an intellectual property attorney before launching your course.

James L. Arrasmith
PREMIUM
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Answered

A: Creating an online course based on the Rational Recovery method for food addiction involves some legal considerations. While you can draw inspiration from the concepts, directly using the name "Rational Recovery" and its specific methods without permission might infringe on copyright or trademark rights.

If the book and method are protected, which they likely are, you would need to avoid copying any specific materials, text, or exercises verbatim. Instead, consider developing your own approach or methods inspired by the principles, ensuring your content is original and doesn't directly replicate the original material.

It's always a good idea to consult with a legal professional to understand the specifics of intellectual property laws and ensure you're not violating any rights. This way, you can confidently create your course without risking legal issues.

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