I'm about to publish a book, and there's a poem that I would like to quote before the first chapter. Normally I know that I would approach the copywriter holder and request a print license... but there's one problem: I recently found out that the majority of the poem that I want to publish is "fan fiction" based on the original poem.
I'm torn. While I like the original poem, the fan fiction version suits my novel a lot more and, frankly, it's a lot better. Is there anything I can do? Who should I talk to? Any advice would be greatly appreciated!
You should get permission to use the poem from the original author/poet (if the poet is still alive) or the author/poet's estate (if estate rights exist), if you wish to reprint the poem or a substantial portion of the poem or a significant part of the poem in your book, and you should credit the author/poet in the text or in a footnote or on an acknowledgement page in your book.
If the poem is in the public domain, you are free to use it as you wish, although to use the fan fiction version, you would need permission from the author of the derivative version of the poem.
Fan fiction is tricky because much of it infringes on the copyrights of the copyright holders. It can often be looked at as a derivative of the original work. Making derivatives of an original work is one of the
exclusive rights granted copyright holders. To make a derivative, permission from the rights holder must be obtained.
So, while ordinarily you would want to seek permission from the fan fiction author/poet as well as the original copyright holder, you will want to advise the copyright holder of this fan fiction version (to see if any license to create the derivative was granted the fan fiction author), and advise the copyright holder of your wish to use it in your book. You will want to ensure you will not be reprinting a work that infringes on a copyrighted work. You could be held liable or contributorially liable for copyright infringement should you publish a work that infringes on another's copyright.
I recommend, then, that you get permission from the original poet/author. I also recommend that you have your completed manuscript reviewed by a publishing law professional prior to publication, to make sure there are no other areas in your book that are legally problematic. Having an editor review the work to "clean it up" is advised, as well. You may want to consider having insurance enough to cover any lawsuit your book could spawn, too, even after taking the steps mentioned above to avoid the risks of legal action being taken against you over the content of your book.
Good luck.
