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There's a summary at http://www.copyright.gov/fls/fl102.html  Sounds from your description that it's going to come down to how much of the original poem is being used and then on a more practical level willingness to contest legal action even if the author is unlikely to win.



-----Original Message-----
>From: Mike Chopra-Gant <[log in to unmask]>
>Sent: Jan 18, 2011 12:13 PM
>To: [log in to unmask]
>Subject: [SCREEN-L] Copyright clearance refusal and fair use
>
>A quick question, especially for those in the USA. I'm in the closing stages of writing a book on The Waltons and am writing about fans, and specifically fan literature. I was hoping to quote some poetry posted on a forum by a fan. She has claimed copyright on the works and my request for her permission to quote short passages in my book has been declined. Where do I stand insofar as fair use is concerned now that permission has been refused: does fair use override such a refusal so far as very short passages are concerned or does the refusal establish an absolute prohibition on quoting?
>
>I'd really like to put some of this material in the book but I suspect the author of these poems is precisely the kind of person to get litigious, and getting sued in the States is not a risk I can afford to take.
>
>Regards,
>
>Mike Chopra-Gant
>
>----
>Learn to speak like a film/TV professor! Listen to the ScreenLex
>podcast:
>http://www.screenlex.org


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