Excerpting a poem in my short

MDP · Apr 9, 2015

Hi, not sure if this belongs here or in Business and Legal, sorry Mods please move it if needed.

I have a short script in which a character recites several lines from a poem. The poem was written and published in the 80s by a poet who died in 2007. Both poet and poem are Arabic. An 'official website' for the poet is no longer active.

I'm hoping someone experienced can advise me on the steps I should take to properly use these lines: Who or what I should be looking for, and what I should be asking for.

Or maybe just use the poem with acknowledgement in the credits or something like that?

FantasySciFi · Apr 13, 2015

I'm not a lawyer and this is only practical not legal advice. You should consult a lawyer with experience in intellectual property for specific legal advice about what and how you should proceed if you intend to produce the film.

Generally, excerpting a quote or small parts of a poem with attribution is not a problem. However, ALWAYS make every effort to get written permission from the author, the author's estate or publisher. This is especially true with music lyrics. The music industry watches like a hawk. But even literary works should be checked (Edgar Allen Poe's copyrights under the Extension Act expire in 2019).

You mention the poem was in Arabic. If you quote it in translation, you will also need the translator and/or his/her publisher's permission. Putting it in the script is not so much an issue but it will be for the person wanting to produce your script. Having those permissions up front if the story relies on the poem, will help facilitate the optioning/sales process.

Copyright becomes a serious concern once a script is sold/optioned for production. The purpose of copyright is to protect the creator's right to profit from the use and display of their creation. Fair use generally permits this for the classroom as educational use. Once you put it on the stage or film/television set, it becomes a public performance whether you charge money or not.

If you are shooting this film to market, you definitely want permissions or have documentation that you made serious good faith efforts to get permission. And yes, be sure they are in the credits. Even these steps won't protect from a lawsuit but should help provide support that you made a good faith effort.

MDP · Apr 14, 2015

Hi FantasySciFi,

Thanks for your reply. After a few searches, the trail remains pretty cold on the author's estate and publisher. I hadn't considered that we'd also need to get permission for the English translation, which will appear as subtitles.

It does seem that it would be a lot simpler if I wrote a poem myself for this scene, then had that translated into Arabic. That's what the director wants me to do anyway, but as a writer I often look for excuses not to write hehehe.

Cheers MDP