Keywords
Music as medicine, Copyright law, music therapy
Abstract
Music is universally experienced, and most will recognize its profound personal impact; yet, music’s broader influence on society is yet to be fully explored. People may listen to music when they are sad, when they are seeking motivation, or as a way to relax. However, music extends beyond expression, entertainment, and an outlet for emotions. Research indicates that music can offer substantial benefits to patients in a plethora of medical situations.
Part I of this Note will explain the usefulness of music as medical care, its advantages, and the broad range of institutional support music-based medicine has garnered. Part II discusses the various legal issues that have and may soon arise in this area. First, this Part explores the complex landscape of using copyrighted music in medical services, including a discussion of how strict United States copyright laws act as a barrier to this practice and the ways physicians can avoid legal conflict. Second, Part II explores the current state of insurance coverage for music therapy and music-related treatments, regarding both private and public insurance carriers. Third, Part II discusses different types of potential medical malpractice claims: malpractice suits arising from a physician not offering music treat- ments that are within the standard of care, a physician providing music treatments that are unproven and thus not within the standard of care, and a physician improperly administering music-related care. Part III of this Note lays out the importance of legal regulation and analyzes the variance in the way different states currently recognize the practice of music in medicine.
Recommended Citation
Basha Goldwater,
Music is Medicine: Addressing Legal Challenges in an Emerging Clinical Practice,
36 Fordham Intell. Prop. Media & Ent. L.J. 863
(2026).
Available at: https://ir.lawnet.fordham.edu/iplj/vol36/iss4/3