QUESTION
Do I still need permission to publish if my poem is based on a previous writing?
Asked on May 02nd, 2013 on Entertainment Law - California
More details to this question:
I am writing a book. I originally intended to use 8 lines from Solzhenitsyn's poem "Prussian Nights" (1400 lines in length and the same lines quoted on the WIKI page about the poem). I did receive permission, but - at least at first, for 2000 copies print and 5000 copies electronic (print and electronic have separate copyright holders). Chances are the book won't sell that many, but if it does, I'd rather skip the hassle of modifying the permissions (and if the book is successful, I'd hate to be at the mercy of a 3rd party) and so I wrote my own poem which is based heavily on Solzhenitsyn's work (mine is 9 lines) insofar that it discusses the rape and death of a young girl. Admittedly, the poem shares a lot of imagery, too (multiple soldiers; a young victim, now dead; a girl made woman by the act; soldier's doing it for glory and/or revenge - but how else can one describe a horrific act on a young child and the perpetrators who must justify their actions? I certainly don't mind acknowledging that Solzhenitsyn was the inspiration of the poem, or stating the poem is based on Prussian Nights, but wondering if I'd still need permission.
2 ANSWERS
Copyright protection covers the work itself, not the underlying theme. So yes, you can write a poem about the same event that Solzhenitsyn did and your work is entitled to the same protection that his has. However, if your poem is too much like Solzhenitsyn's poem, you may be guilty of infringing on his copyright. There is no set number of lines or words that must be copied to establish this kind of violation. Rather, a court will look at whether you had prior knowledge of the work and whether your work brings to mind the previous work.
Answered on May 07th, 2013 at 2:56 PM
Susan Marie Basko
I think if you have not taken words from Solzhenitsyn, your work inspired by his is not violating his copyright. This is something I would like to read before I say, though. Also, I wonder why you don't use the Solzhenitsyn poem for the allowed number of copies and then if you need to make more copies and are refused, then switch the poem? It is so easy to change such things with everything done on computer. It seems you have jumped the gun in thinking you will sell so many copies, will need to make more, and will be refused further permission. All that seems unlikely.
Answered on May 07th, 2013 at 2:55 PM