Cleveland, OH asked in Copyright for Ohio

Q: is it legal to use part of a poem, written in 1794, in a song written now?

i'm writing a song and i like the line "tiger, tiger, burning bright" which was a poem published in 1794. would it be safe to include it in my own writing or do you think i would still be sued by the writers family or estate?

Related Topics:
2 Lawyer Answers
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: If the poem has passed into the public domain, then it would be available for anyone to use. If it was written that long ago, it probably is now in the public domain. And even if a work is copyrighted, if only 4 words of a copyrighted work are used, that might not be enough to be an infringement. But use the Find a Lawyer tab to consult a local attorney who handles copyright and intellectual property matters to advise you.

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Intellectual Property Lawyer
  • Mesa, AZ

A: Good observation. Even if it were copyrighted depending on how much you use, you could fall under fair use.

consult an attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.