Legal Question in Intellectual Property in
Can you copyright a compilation of works which are not your own?
Over time I have conmplied a book of poems that I have collected from various sources (magazines, books, my own, my friends, etc ...). I would like to publish this, but would like to be clear as to whether I can legally publish work which is not my own without the consent of the original writer. These poems were not compiled with the intention of publishing them, I therefore do not have any record as to who wrote which poems, and from which sources they came. With this in mind, would I be able to copywrite the book which I would like to publish?
2 Answers from Attorneys
Re: Can you copyright a compilation of works which are not your own?
The answer to your question is NO. You may not, for your purposes, copy the works of others without their consent, unless the works are out of date (generally over 75 years old). With permission of each of the authors, you may publish the collection and copyright the collection. I'd suggest you try to track down the authors whose poems you wish to use. Most will probably consent to the use of their poem for nominal fees. If you have more questions, please contact me at 212-208-2470. Best of luck!
Re: Can you copyright a compilation of works which are not your own?
You may not publish copyrighted material for profit without the permission of the copyright holder.
If you don't know about copyrights, then you must research the matter to be legal. Publishing material to which someone else holds the copyright could land you in court for infringement, for which there can be substantial penalities.
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