Legal Question in Intellectual Property in Florida

Is it legal to make silly claims like "brad pitt picks his nose everymorning" or "martha stewart will steal your mailbox" in a book of jokes im writing?

I also want to use a poem by a dead author in my dedication. Is reprinting this poem legal?


Asked on 9/16/09, 10:32 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

Parody is protected free speech. You toe a line, though, if it is not clear you are kidding.

You cannot reprint a poem by a dead author without permission unless the author has been dead for at least 70 years (up to 120 years). If the work is still protected by copyright, you must get permission from the current copyright holder, which may be the author's estate, a successor in interest, or a publishing company.

See the US Copyright Office website for further information. www.copyright.gov

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Answered on 9/16/09, 10:47 am


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