Expert: Kaylyn Anderson - 8/29/2008

Question
Anonymous Poem. This was partially answered in another comment. Quoting from a copyrighted work of  a non-copyrighted poem, from a foreign country, written in 1944. The poem is anonymous.
The poem has been published by major publishers in the U.S., originating in Prague, Czeck.

Is the poem considered public domaine, or does it require a permission from someone. Do U.S. laws apply, or, as the work was printed in Czeck, Czeck copyright laws.

Thank you.
Scott Wolfenden
Newark, NJ

Answer
Dear Scott:

Thank you for writing AllExperts. You pose an interesting question.
Feedback:
1. A poem, written in 1944, Prague, Czech Republic, non-copyrighted.
2. Since: Copyrighted in US by major publishers.
3. Is poem considered public domain?

Citation
If you quote the poem or use portions of it in academic writing, you must give proper citation within the text AND in a bibliography. If you're writing an article and include a portion, you must still cite it within your article. Even if it is anonymous, you must still give proper citation. If you take the poem from a published work, then you must cite the publication and work. If you find the poem on "public domain,"* guess what? you still have to cite where you find the poem. So... CITE. ALWAYS!

*Public Domain.
Public domain is tricky, and here is why. People will copy and "publish" on the internet. Others puruse the internet, see a poem, and copy it. Oops! I violated someone's copyright, "but I didn't know." Therefore, you must verify your sources. A site should state: "This is Public Domain." If not, be careful. How do you know? Use your best judgment, if nothing else. Caution on the side of err. Of course, you'll still cite. Anything after 100 years is considered "Public Domain." I have original, first-edition books written in the 1800s. I can quote sentences, paragraphs, even the whole books if I want because the copyright has run its course. Of course, I still have to cite! but I do not have to worry about someone owning the intellectual rights to that publication. Now, suppose a publisher has a new copyright on that title. As long as I cite from my book, I'm fine.

Copyrights.
The US signed into 24 copyright treaties with other countries to honor various intellectual copyrights. It doesn't really matter where the copyright originates. US laws and World Intellectual Property Organization (WIPO) laws hold. (Refer to www.wipo.org)

Permissions.
If you find the poem in a published work, to copy and distribute the poem, you need permission from the publisher. If you find the poem in public domain, there is no permission to be had. If you find the poem on a website, ask permission from the holder of the website. These actions will protect you and ensure that you engaged in reasonable care and consideration.

I hope this helps you, and I wish you the best endeavors.

Kaylyn