[Hexxie]

I have a poem that was written for me and given to me by the author as a gift. I am interested in having this poem published. Can I do so, if I credit the author. Or do I need their written consent to do so?

[JudyKayTee]

Is it copyrighted? I rather doubt it. I would think that morally you wouldn't take credit for something you did not write so, yes, you would need to credit the author.

Would I ask the author's permission? Yes. I wouldn't want want I wrote to suddenly be published with my name attached to it.

Legally I wouldn't take the chance - ask for signed permission.

Depending on where it is published it is commonplace to have to submit an affidavit that it is your original work. Of course, you cannot do that.

[Hexxie]

Hi JudyKayTee,

Perhaps you misunderstood me. It was never my intention to take credit for my friend's work (hence the question "Can I do so if I credit the author?"). I have come across a publishing opportunity for some of my own works and thought it would be nice to include his as well. He is MI (Military Intelligence) and I have lost contact with him, until he resurfaces again.

I have not been presented with any such affidavit. Should I be concerned about that?

[JudyKayTee]

Hi JudyKayTee,

Perhaps you misunderstood me. It was never my intention to take credit for my friend's work (hence the question "Can I do so if I credit the author?"). I have come across a publishing opportunity for some of my own works and thought it would be nice to include his as well. He is MI (Military Intelligence) and I have lost contact with him, until he resurfaces again.

I have not been presented with any such affidavit. Should I be concerned about that?

I wasn't judging you or your intentions and I think you'll see that if you re-read what I wrote.

Any time I have had anything published I have been asked to sign an Affidavit that it was an original work.

Let me call in an expert!

[ScottGem]

If it was given to you as a gift its yours to do with as you wish

[AK lawyer]

If it was given to you as a gift its yours to do with as you wish

That's where it gets mirky. If a poet gives me an autographed copy of a book he published, I would doubt that he meant to give me the copyright to the poems in it.

On the other hand, if the poet gives me the text of the poem along with a signed note saying "this is your poem now. You can do whatever you want with it.", you probably own the copyright.

You say the poem was written for you and given to you as a gift. That suggests that the copyright was given to you as well as the piece of paper it was written on. If you can prove all that, it appears that you could publish it (with attribution, of course).