Cleaning up

So I'm sorting through boxes and piles in a day of dreaded and long delayed administrivia. And I came across this poem by Antonio Machado (translated by Rob't Bly), that I'd set aside one day and forgotten about. I think it must have been leftover from Eastover:

Last Night

Last night, as I was sleeping,
I dreamt -- marvelous error! --
that a spring was breaking out in my heart.
I said: Along which secret aqueduct,
Oh water, are you coming to me,
water of a new life
that I have never drunk?

Last night, as I was sleeping,
I dreamt -- marvelous error! --
that I had a beehive
here inside my heart.
And the golden bees
were making white combs
and sweet honey
from my old failures.

Last night, as I was sleeping,
I dreamt -- marvelous error! --
that a fiery sun was giving
light inside my heart.
It was fiery because I felt
warmth as from a hearth,
and sun because it gave light
and brought tears to my eyes.

Last night, as I slept,
I dreamt -- marvelous error! --
that it was God I had
here inside my heart.

Comments

[mallarme]

I have a book of Machado's poems waiting on my to-be-read bookshelf. I may have to break it out sooner than I had expected now.

[B]

I was having a rotten day until I read that.

I have a great Bly collection I will forward on some other good books as well.

[John P.]

Great poem. But is it too legalistic of me to suggest that someone's property rights are being infringed?

[B]

Oh boy here we go.
we are all going to Jail .

Can I be in the same block as martha?
I have some recipe questions.

Now I know why Scheherazade got out.

was that a billable question?

I am sure it must have been.

[Scoplaw]

Nice pick, S! Personally, I'd have to guess that 99% of poets/presses would in fact appreciate having a single poem from a collection quoted/presented in a manner that might induce readers to seek out more poems by the same poet. But to each their own.

Scoplaw

[John P.]

"Now I know why Scheherazade got out.

"was that a billable question?"

I find that insulting and completely uncalled for given the respectful tone of my inquiry.

[B]

Great poem. But is it too legalistic of me to suggest that someone's property rights are being infringed?

6k I give you the nice answer!!

Damn right it is!

My I respectfully suggest we keep the law where the law belongs.

Thanks (that was free)

[Scheherazade]

Ack! No fights, please. There are other blogs for that.

John P., you're right, I hadn't thought about the copyright question. I suppose I should ask for permission. But I may instead opt to ask for forgiveness. I feel good that our poet friend Scoplaw shares my instinct that an admiring sample of someone's work is unlikely to be viewed as a hijacking. But we may indeed get a cease and desist letter. For now I'm comfortable taking the chance.

B, don't forget I'm a lawyer and this is a gathering place for lawyers, among others. If I were asked whether I had a point with this blog I might say that one of my points is that lawyers are people with hearts and souls, even as we make our professional living identifying risks and trying to help people live within them. The folks who read this blog so far seem pretty cool, whether lawyers or not. I don't want this to be a place where people come to insult one another, or the profession.

Can't we all just get along?

[B]

Meant no disrespect to your blog.

I agree with Scoplaw and the common sense approch.

I will give myself a time out for not playing nice.

[John P.]

Scheherezade, thanks for the peacemaking. B, if you were simply poking fun, I apologize for missing the humor in your post. I raised the issue only because I've heard some writers (mostly journalists) express concern about having their work copied & published on the Internet without their permission. The folks I've heard are concerned even if the user has nothing but good intentions and makes no money from the use. I'm not an IP lawyer, so I don't know the ins and outs of fair use, dilution(?), and the like. All I can do is ask the question.

Of course, not being a writer myself, I would be delighted if someone liked something I wrote enough to copy it and make it available for all the world to read on the Net. Machado and Robert Bly (and their publishers) might feel differently, however.

One of the fascinating things about the Net is the way it combines intimacy with access. We no longer have to go through the process of writing a letter to the editor, waiting a few days to see whether it gets printed, and then waiting a few more days to see whether anyone disagreed with our letter, wrote to the paper, and was able to get his or her thoughts published. Add to this the ability to copy and paste and transmit huge blocks of writing in an instant, and you have both a huge opportunity and a huge challenge to our system of property law.

[Scheherazade]

I looked on the web and found the poem in several searchable databases of poetry, as well as on a number of other sites. Machado died in the 1930s. So I feel very little trepidation about the post.

[B]

After a quick phone call to the Director of the Tech law center at USM I was told this. The copy right law extends past the authors date of death 70 years. So feel free to copy away as long as the author has been gone awhile. Looks like Scheherazade is safe from the strong arm of the law.

So there you have it.

The Technology law center is a great resource don't be afraid to use them. The web is cool but a phone call to the right person is the best. Maybe they have a link over there that someone could be kind enough to post.

Now can we have another "safe" poem?