Legal Question in Civil Litigation in North Carolina

Question regarding copyright law

Our writers' group is publishing an anthology of our stories and poems. One of the submissions is a poem titled the same as a popular movie, and uses the title as one line in every stanza of the poem. We are a small group with no insurance. Could we be guilty of plagiarism for using this poem, and could we be sued?


Asked on 4/24/02, 5:35 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Question regarding copyright law

I'll give you my best guess: No, it would not violate copyright law. If it's used in an artistic way, that should be safe. Nobody would be confused about the poem. (not like putting the title on a t-shirt and selling it) Finally, there is a doctrine of "fair use," that allows some common sense use of works. But just using the title should be fine. good luck.

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Answered on 4/24/02, 8:38 pm


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