copyright

Fuinseog

I am writing an article which I intend to publish and I want to use a poem that I saw in a collection. How does it work with the copyright. do I just drop the publisher a line and ask their permission or do I also have to pay?

dawvee

Ok, first off, IANAL, so take all this with a grain of salt. Second, what's the context in which you're including the poem? Is it to directly comment on the poem, or are you using it as 'colour' for the piece? If you're directly commenting on it, you don't technically need permission under most copyright laws, since criticism and commentary are generally covered under provisions for fair use (USA), fair dealing (UK), or whatever other set of exemptions exist in a particular country.

Whether you're covered under those exemptions becomes much less likely if you:
a) Rely on the poem for creative reasons, and/or
b) include the poem in its entirety.

In any event, do contact the publisher or the author and tell them the specifics of how you intend to use the work. The only other way to find out if they're ok with it is to wait and see if they sue, or pressure another publication to pull your article, and you don't want that. They may want money, they may not. You won't know until you talk to them.

EileenG

The general rule is that you can use up to ten lines of fully attributed material without breaching copyright. After that, you have to get permission and may have to pay.

Unless you absolutely need the poem, you are probably better off without it.

Fuinseog

EileenG wrote: »

The general rule is that you can use up to ten lines of fully attributed material without breaching copyright. After that, you have to get permission and may have to pay.

Unless you absolutely need the poem, you are probably better off without it.

thanks for that. I am writing a short story and want to include a poem by an Irish poetess that blends in with the topic of the story. I am not trying to pass it off as my own. obviously I will include her name, the name of the book and the publisher. that ten line rule sounds interesting.

I presume if the poet has been dead for more than a hundred years I would not have to seek copyright.

EileenG

I would still check the copyright status.

Poetess? How does she feel about that word?

pickarooney

If she's been dead for over seventy years, I think
a) her work is public domain and no longer subject to copyright
b) she would not be bothered too much by the word 'poetess'