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I am helping an author write a book. The following three items

- poem, story and quote...
I am helping an author write a book. The following three items - poem, story and quote - are pieces he wants to use in his book that have issues with getting permission from authors to reproduce

We cannot find the author of the first item;
I attempted to find Sylvia M Foy and cannot. I suspect due to a search online under that name that she might be deceased. I did find a place online where this poem was reproduced ‘with permission’ but when I contacted the author, she had copied it from another source which she does not recall.

How can we use this without infringing on copyright issues?

1] The Magic of Forgiveness

There is a beautiful magic in forgiving
And it’s ours each and every time we forgive,
Each time we give the gift of love
To someone we initially found guilty of doing something wrong.
I once thought that forgiving was what I did if I was good.
But I always forgave with a “but don’t do it again,”
And when I forgave, I was slightly better than the one forgiven.
I also thought I was supposed to forgive because God had forgiven me
And if I didn't forgive others, God would stop forgiving me.
Then I started understanding more about forgiveness
First forgiveness only works when I want to forgive,
Rather than because I should or ought to forgive,
I started learning that in order to forgive I must first judge someone guilty.

I started to understand that to judge is an ego trip…“See how smart I am to know that you are guilty.”
And I started wondering “on what basis do I judge?”
Do I judge with my “superior knowledge”, my “superior learning,
Interpretation, understanding, perception?”
Maybe, just maybe, what really needs forgiving is my judging.
What does forgiving really mean?
Maybe forgiving means giving up my judgment.
My limited judgment is based only on what I’ve learned and
My limited view of what’s really going on.

When I forgive others, I must first forgive myself and
When I forgive myself, I automatically forgive others.
For I only judge others guilty of what I would consider myself guilty for doing.
And when I forgive myself, I stop judging others guilty.
If I believe God forgives me,
What good does it do unless I accept God’s forgiveness?
And start thinking of myself and others as forgiven.
When I really forgive,
I reach the point of knowing that there was
Nothing to forgive in the first place
And I am free of the pain, guilt, anger, burden, and worry
That I was carrying with me.
I am free to be happy anytime, anyplace.
I am free to be at peace.
I am free to think of other things
And those I forgive are free to change or free to stay the same
The magic of forgiveness is that it heals my pain!
It allows unconditional love to grow in my world
Until all guilt is gone, all fear is gone and all pain is gone,
And only love remains.

by Sylvia M. Foy




2] Similar situation with another poem/story The Man In The Mirror

The Man in the Mirror
When you get what you want in your struggle for self, and you work makes you king for a day,
then go to the mirror and look at yourself,
and see what the man has to say.
For it isn’t a man’s father, mother or wife whose judgement upon him must pass.
The fellow whose verdict counts most in his life is the man staring back from the glass.
He’s the fellow to please: never mind all the rest,
for he’s with you clear up to the end
and you’ve passed your most dangerous, difficult test, if the man in the glass is your friend.
You can fool the whole world down the pathway of years and get pats on the back as you pass;
but your final reward will be heartache and tears,
if you’ve cheated the man in the glass.

Our father, Peter "Dale" Wimbrow Sr. wrote the poem "The Guy in the Glass in 1934. It was published in the American magazine at that time and the copyright was assigned to our father. The poem has become also known, incorrectly, as "The Man in the Glass" or sometimes, "The Man in the Mirror", but the thought is the same, the message clear...'you can fool the whole world down the pathway of years, but you can't fool the guy staring back from the glass'
Peter Dale Wimbrow, Jr. http://www.theguyintheglass.com/gig.htm

3] Quote -do we need permission to use?

“Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our light, not our darkness that most frightens us. We ask ourselves, ‘Who am I to be brilliant, gorgeous, talented, fabulous?’ Actually, who are you not to be? You are a child of God. Your playing small does not serve the world. There is nothing enlightened about shrinking so that other people won't feel insecure around you.

We are all meant to shine, as children do. We were born to make manifest the glory of God that is within us. It's not just in some of us; it's in everyone. And as we let our own light shine, we unconsciously give other people permission to do the same. As we are liberated from our own fear, our presence automatically liberates others.”

~Marianne Williamson
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Answered in 12 hours by:
11/11/2013
Fran-mod
Category: Intellectual Property Law
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I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

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Customer reply replied 4 years ago

I am still waiting for an answer - essentially (as I realize the question is a bit long-winded) - I am looking to find out how to publish in a book, the first two items I provided while acknowledging the authors yet not having permission from them due to extenuating circumstances...ie...not findable or no reply


The third item is a popular and well-used quote - does it require permission to publish from the author?


thanks


Thank you. We will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
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Thelawman2
Thelawman2, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 1,632
Experience: Attorney-at-Law
Verified
All three will require the author's permission to print, or otherwise you would violate their copyright protection. If you cannot obtain permission and print their poems in their complete forms, then if the holder of the copyright later finds out, they can sue you for damages.

You could possibly limit the use of the reproduction in order to fall under the "fair use" exception. The "fair use" exception allows you to reproduce copyrighted materials in certain circumstances. For instance, if you wanted to use the copyrighted material in order to comment on it in your book, then you may be able to reprint a smaller portion of the copyrighted materials without actually violating copyright laws or infringing the person's copyright protection.
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Customer reply replied 4 years ago

If we identified the poem as Author Unknown - would that resolve the copyright issue for the first item? I have a strong suspicion that the author has died and I have not been able to find any contact information for her at all. Also, could we put a note under her name as author stating that we were unable to locate her for permission and want to acknowledge her authorship. We really want to use this poem in its entirety as any truncated version of it would diminish its impact.


Regarding the second item, we could continue to try to find the owner and seek permission.


thanks for any further advice or assistance you can provide

Customer reply replied 4 years ago

This is a further question about Item #2 - The Man In The Mirror poem - according to the website (established in 1997 and not updated since), the poem was published in 1934. The author died in 1954. Would public domain laws apply here which would give us authority to publish without copyright infringement? Thanks again

Even if the author is dead, the copyright extends for the life of the author plus 70 years. So even if the author died in 1954, the work would be protected until 2024. As a result, the heirs of the author could sue you for using the protected work without permission.

And identifying the author as unknown would not resolve the issue. Acknowledging authorship is not the point of copyright protection. Copyright protection is meant to protect the economic interests of the person who created the work and their heirs.
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