One of the perks of running Old Scratch Press (OSP) and Instant Noodles Lit Mag (IN) is that I (we, OSP) get to belong the Community of Literary Magazines and Presses. They are incredibly helpful, and have so many resources we can use, including the ability to ask the other presses questions through the LISTSERV.
This week I listened to a webinar from a bit back on what you can and cannot use from others’ work in your work… spoiler alert, nope. nope, nope, you cannot use those Taylor Swift lyrics, no matter how perfect they are for your piece. Why? Because Taylor wrote them, for her piece. Cry me a small stream (see what I did there?) but you gotta write your own!
One form the webinar really did not recommend was Cento. And from the looks of my very unscientific Google search, there are a lot of them:
Well, why not?
As in the Taylor Swift example, those poets wrote those lines in their poems, to express their thoughts, and that doesn’t mean you can co-opt them, even though it is a fun writing exercise to try to knit them together. They also recommend against publishing Golden Shovels.
The webinar, for CLMP members, was helmed by Jeffrey Levine (a lawyer and Publisher of Tupelo Press) and Fred Courtright (President of The Permissions Company). And I was shocked to find out how many instances there are where authors should be getting permission, but maybe aren’t.
Copyright is, very basically, attached to intellectual property, so something we cannot touch with our fingers, even if those ideas are pressed into an LP, or printed in a book, or applied to watercolor paper. It’s the imaginings, the wordplay, the artistic or editorial or even advertising verbiage, or the design, creation, work of another artist. And we can’t use what isn’t ours without permission from its creator, or, and maybe more likely, its rights holder. Frankly, and this is where some writers disagree with me, this makes perfect sense to me if I think about someone taking my work, and using it in their own piece, and it also makes sense to me as an artist. I want so badly to use the lyrics to songs that I imbue with this meaning and emotion that only they can have, and it’s tougher to come up with my own “pretend” song, but I really need to push my writing to the next level, and do it. You don’t have to register your work with US Copyright to be protected, but we do copyright all books we publish as a matter of course.
What does copyright leave out? It does not apply to material that is not truly original, to anything already in the public domain, or to broad concepts such as ideas, systems, processes, or methods. Those belong more to patent and trademark, which overlap only in small ways that I’m not expert enough on to explain, so investigate. Copyright also does not cover names, titles, slogans, or very short phrases. In literary settings, though, it is usually safer to treat even brief lines as if they might be protected, simply to avoid trouble. How long does copyright protection remain in place? In most cases it lasts for the lifetime of the author plus an additional seventy years. For anonymous work or work created as a work for hire, the term is different. It lasts either ninety five years from the date it was first published or one hundred twenty years from the date it was created, and it ends when the earlier of those two periods runs out.
The publisher never takes copyright. The copyright remains with the author. The publisher only licenses the copyright, meaning the publisher has the right to print (or otherwise make available) or produce the work for some (limited) period of time. But if you publish a poem, for example, with a publisher, and you sign a contract, that poem may “belong” to the publisher for the duration of the contract. We’ve never held back an author from taking a work back or using it somewhere else, but I cannot speak for all publishers, so, though it should not be a problem to include in your chapbook a poem you published somewhere else, you may have to obtain permission to reprint it in another place. Do you have time to do that?
Another really interesting point the webinar brought up was that if a work is in the public domain, you do not need permission to use it. Fair use is a grey area, and so I would never recommend deciding on your own that something is fair use. I would suggest you contact Fred.
If you want to use an old poem in its original language, a piece that is long out of copyright, you can quote it freely. But if you want to use a modern translation of that same piece, the translation is probably under copyright. If you want to use something that is still in copyright, you might need permission from the copyright holder and also the holder of the copyright of the translation, and suddenly you’re in the weeds. And a lot of this costs money, to track down the copyright, and to pay for use. The webinar recommended the Watch File at the Harry Ransom Center as a good place to start. One person on the call said she often would ask bands directly, on their social media, if she could use their music or lyrics, but the presenters pointed out that while the band may (may, important distinction) hold copyright, someone else may hold the rights, and those folks could have very good “bots” looking for it on the internet, and show up with a big bill for you.
Even internet memes, tweets, etc., could belong to the person who posted them, and there could be consequences (of the financial kind is what we’re talking here) for you if you use them. And I liked that they made it clear that attribution (taken from “Friend of the Devil” by the Grateful Dead) does not give you permission: you can still find yourself on the hook for a lot of money. Yikes! And just because the author of a poem holds the copyright this doesn’t mean they’re not in a publishing deal where the publisher might own the reprint rights. You have to check it out to be sure.
The advice out there can differ greatly, and even The Poetry Foundation may have advice about fair use that the federal courts would not agree with, so the webinar strongly recommended that you either get permission, using someone like Fred, or skip it.
What do you think? Have you been playing with licensing fire? I am always encouraging authors to start an editing and publishing fund, but you may need a violation fund too! I hope not!
So friends I hope that you can sees
"fair use" doesn't grow like leaves
and poets and other fools like me
as much as you would like it free
accept that permission has a fee
and you can't pick from another's tree.
Dianne Pearce is the chief editor and bottle washer at Current Words Publishing, and the half-cocked imaginer behind Old Scratch Press and Instant Noodles. Pearce loves helping writers realize the dream of having their work published. I mean she is really crazy about doing that for some reason. To that end, to join in the fray, to look at the thing from the other side, to stand in another’s shoes, and all of those things, she is fully expecting and promising to publish her first collection of poetry, In the Cancer Cafeteria, spring of 2026. Please don’t hold your breath. For very long. Happy Holidays!
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