Copyright automatically attaches upon the creation of the work. So the fact that a manuscript held in the hand holds no copyright notice does not mean it is unprotected.

Copyright does not last forever. For works created on or after January 1, 1978, in the US copyright lasts until 70 years after the last surviving author’s death. Prior to that date protection, with extension, could last 95 years.

There is an exception to copyright called the fair use doctrine. A brief excerpt of a copyrighted work may be used if it is attributed to the author and does not harm the commercial value of the copyrighted work. The purpose of the selection must be for commentary, parody, news, research or education.

If the therapist is going to use someone else’s work, or quote from it, the therapist should obtain the author’s permission or the author of the original work should have been dead for 70 years (thus copyright does not apply) or the excerpt should fall under the fair use doctrine. If someone wanted to create a diary for Daisy, a character in The Great Gatsby, the new author would have to wait until 2035 (the waiting period was longer before the 1978 law was passed) since the original author, F. Scott Fitzgerald, died in 1940. Writing a whole diary “from” Daisy would be a derivative work and not fall under the fair use doctrine. (On the other hand, whoever holds the Fitzgerald copyright might think this a great new idea and perhaps would be willing to give permission for the new work.)

What violations of copyright can cost the infringer is not trivial. The court can order the infringer to pay any damages the copyright holder suffered, any profits the infringer made, and the holder’s attorney fees. Or, even if damages cannot be proven, the copyright holder can be awarded “statutory damages” of between $750 and $150,000.

If someone wants to use an excerpt of a work which does not fit under the fair use doctrine, a good rule is to ask first.