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BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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I have a similar question. I want to quote Edgar Albert Guests

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I have a similar question. I want to quote Edgar Albert Guest's poem "It Couldn't be Done" for a company's newsletter (crediting the poet, of course). None of us wants to violate the copyright, but I can't find out how to contact the copyright holder to get or pay for permission.

BizIPEsq. :

Hello, I will be assisting you

Customer:

OK. Thanks

BizIPEsq. :

Do you happen to know when the poem was first published?

Customer:

No. He died in 1959.

Customer:

Can you see what is already written about this on your Intellectual Property website? At least one other client did a lot of research and came up with nothing.

BizIPEsq. :

Let me see

BizIPEsq. :

there was one question but it revolved about the number of lines that can be used under the fair use doctrine.

Customer:

I planned to use just two lines in my lede/lead. Then quote the entire poem, crediting Guest, at the end of the article. I can send it to you if you like.

BizIPEsq. :

There is the law and then there is reality. Though legally the poem is copyrighted it might be what is known as an orphan work i.e. no one may be associated with the work anymore

BizIPEsq. :

Personally, I would shy away from quoting the entire poem. I think you would one a safer footing undr fair-use if you quoted just two lines though if the work is orphaned then there would not be anyone to run after you.

BizIPEsq. :

Where do you plan to publish the newsletter?

Customer:

That seems to be the case. My client, Geometrica, a construction company, wants to use the poem as I've quoted it and cited it in the article, but they're concerned about copyright infringement. What do you think I should tell them?

BizIPEsq. :

(i.e. will it be available online?)

Customer:

It's a company newsletter sent by Geometrica to its clients. Yes, it will be available online.

BizIPEsq. :

Personally, I would not include the poem in its entirety. Instead include a link to some other website that has it up.

Customer:

OK.

Customer:

OK. I can do that easily.

BizIPEsq. :

if you want to convey its inspiration then summarize it in your own words and include a link

Customer:

OK. That will be easy. Thank you.

BizIPEsq. :

Thank you for using Just Answer.

BizIPEsq. :

Please rate my answer. Without your rating I do not get compensated for my work

Customer:

OK. We can do that. Thank you.

Customer:

OK. Thank you; that's what I'll do.

BizIPEsq. :

You should be able to see the rate button. Thank you again.

Customer:

I keep trying to reply, but can't.

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