QUESTION

Should I contact publishing company before publishing my poem inspired by their book?

Asked on Jul 11th, 2013 on Entertainment Law - Nebraska
More details to this question:
I have just finish writing a poem, but this poem is inspired by another book written by a very well known author. I am hoping to get this poem published, but I am not sure if I am suppose to contact the publishing company that published this very book that that the poem is inspired by. This poem is very similar to the book, describing in details about the book's characters and their lifestyles.
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4 ANSWERS

Susan Marie Basko
You need to consult with a lawyer who is experienced with copyright and publishing. Having a lawyer on board as part of your writing and publishing work is crucial.
Answered on Jul 11th, 2013 at 8:24 PM

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Theodore M. Roe
Any derivative work requires a license from the copyright holder.
Answered on Jul 11th, 2013 at 5:57 PM

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In that case, your poem could be considered a derivative work, thus the book's author could actually own the copyright on your poem, rather than yourself. You would most likely have to license the rights from the author/publisher of the book in order to legally publish your poem.
Answered on Jul 11th, 2013 at 4:24 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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If the original book was written and/or published prior to approximately 1925, it is probably in the public domain and you would not need any permission to publish your poem. If the book was written since then, it is probably still copyrighted and you would probably need to get permission to release the poem. However, if your poem is a literary criticism of the original work, a parody of it, or any other use falling under the Fair Use defense, you don't need permission. Be aware also, that certain characters may be separately protected beyond the book. Walt Disney characters are a good example of this.
Answered on Jul 11th, 2013 at 1:21 PM

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