Copyright?

by Daphne Milne
7th March 2017

I'm using a line from a poem, translated by someone other than me or the poet, as a title for a story. Does this infringe copyright? Do I need to ask permission? or if I do my own translation/paraphrase will copyright be an issue?

Replies

Thanks Jimmy, I was including both poet and translator in my question.

I refer to the poem, by name and by author, in the text.

Guess I'll change the title, it's not impossible.

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Daphne
Milne
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Daphne Milne
08/03/2017

I'm intrigued by your worrying over the copyright of the translator and not of the original poet. Or is the poem so old that copyright no longer applies... and the translation is much more recent?

If the poet is still alive, you'd need THEIR permission. If dead less than x years (varies from country to country) from their heir(s).

The poet would probably be chuffed... but you might have to pay, anyway.

How long/unique is the quote? I understand that - in novels, for example - you may name the title of a song without worrying about copyright, but not lines within the song.

CAN you do your own translation? Wouldn't it be easier than hassling with paying copyright to a previous translator? Especially if the original is copyright-free.

For the title of one of my flash-fiction pieces for the Baby Shoes Anthology (out now and well worth reading! http://thebabyshoesproject.weebly.com/newsletters/weve-done-it#comments), I used 'Ain't No Sunshine', which is recognisably part of a song title. My favourite book of all time on child-raising is titled 'Bésame Mucho', also a famous song title.

Even if you're using a poem TITLE (free of fees), it would only be good manners to acknowledge the poet (and the translator, if applicable).

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Jimmy Hollis i Dickson
07/03/2017