Legal Question in Intellectual Property in California
literature copyright
I have taken words and phrases from a literary
autobiography copyrighted in 1940s and have
reassembled and combined them with my own words
to create a series of poems that are in context with
contemporary issues. In my introduction to the poems I
clearly state that although I have created a new piece
my work is essentially a homage to the language and
talent of the writer of the autobiography, who died in the
60's. Is there a problem in copyrighting this? Do I need
the permission of his estate?
1 Answer from Attorneys
Re: literature copyright
There are not enough facts in your query to permit an accurate reply on a public bulletin board.
A copyright for a book published in the 1940s may or may not still be in effect, depending upon a number of factors that are specific to that book and its registration. Likewise, some public figures retain rights of publicity after their death, others do not. Among other things, it may depend on the state in which they lived or where their estate was probated.
Without doing specific research on these topics, no attorney could give you a reliable opinion. I would suggest you consult with an attorney with expertise in the areas of copyright and intellectual property before you proceed. A few dollars spent now could save you thousands of dollars (and a lot of stress) later.
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