Producing : Using a verse from a poem by Jim Defalco

Jim Defalco

Using a verse from a poem

Hey everyone, I've written a script for a project that I'm shooting in less than 60 days. It includes a quote from a Pablo Neruda poem It is said three times total in the movie. It's one verse, and I was wondering if I'd run into any copyright issues when I put the film into festivals / seek distribution etc.. If there is I can cut it out, but it'd be nice to have since the callback is meaningful to the relationship of the main characters.. Thanks

Jeff Lyons

I think you'll have a problem. You better check with a lawyer. In books you can use up to four lines of a song or poem under the fair use rules... but it's all a gray area. Better check.

Michael Wearing

A poem would remain in copyright for 95 years after it was published. You will need to find who owns the copyright. The author is deceased so your first port of call would be the original publisher of the work, if they don't hold the copy right, it's likely to have formed part of his estate and have been left to somebody. Mone option is to find a current poet who could right something similar in theme.

Michael Wearing

Please not I do know hoŵ to spell write really... I was typing in my sleep....

Jim Defalco

Thanks, I contacted an entertainment lawyer on twitter, he basically said similar things, and to clear it would be an expensive headache. Looking for public domain poetry instead.

James Day

You can google it and see if it's in the public domain. If it is, you can use it.

James Day

I agree with you, have an entertainment lawyer look at it before you use it. Thanks for the update, most appreciated.

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