Expert: Shannon Moore - 9/3/2007

Question
If an author quotes an anonymous poem in a copyrighted book does he automatically become the copyright holder of that poem? Put another way, may I reproduce an anonymous poem without obtaining a release from the copyright holder of the book in which it appears?  Thanks.

Answer
Dear Art,

Here's what the US Copyright Office has to say:

"Duration of copyright: Works created on or after January 1, 1978:

(c) Anonymous Works, Pseudonymous Works, and Works Made for Hire. — In the case of an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first. If, before the end of such term, the identity of one or more of the authors of an anonymous or pseudonymous work is revealed in the records of a registration made for that work under subsections (a) or (d) of section 408, or in the records provided by this subsection, the copyright in the work endures for the term specified by subsection (a) or (b), based on the life of the author or authors whose identity has been revealed. Any person having an interest in the copyright in an anonymous or pseudonymous work may at any time record, in records to be maintained by the Copyright Office for that purpose, a statement identifying one or more authors of the work; the statement shall also identify the person filing it, the nature of that person's interest, the source of the information recorded, and the particular work affected, and shall comply in form and content with requirements that the Register of Copyrights shall prescribe by regulation."

http://www.copyright.gov/title17/92chap3.html#302 - Link to the above quote

Hope that helps! I wish you much success & happiness in all your ventures!

Sincerely,
Shannon Moore
http://www.tmexpress.com
http://tmexpress.blogspot.com