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can i use robert fulghrums "everything i need to know i learned in kindergarten as the theme for a book?

are items on the internet public domain, or do i have to get permission from the publishers to use that poem listed above as the basic theme for a book i am thinking of putting together?

Public Comments

1. No, items on the internet are not necessarily in the public domain. Many are copyrighted. In this case, Robert Fulghum's book is NOT in the public domain. It is copyrighted. You do need to get permission to use the poem in another book. It is not clear from your question what you mean by use of ..the book.. as" the basic theme for a book". Usually you can use a theme of another book as long as it doesn't violate actual unique plot or story line of a book of fiction, or appropriate something unique in the book itself. For anything further, you should get some information on copright (there are lots of books ,many written for the layman). Here are some very basic rules from a website: "exclusive rights is the doctrine of "Fair Use." The "Fair Use" doctrine allows limited copying of copyrighted works for educational and research purposes. The copyright law provides that reproduction "for purposes such as criticism, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" is not an infringement of copyright. The law lists the following factors, which courts must consider together in determining whether a particular use of a copyrighted work is a permitted "Fair Use," or is instead an infringement of the copyright: the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes: the noncommercial educational use is more likely to be a fair use; the nature of the copyrighted work: the more factual and less creative the work, the more likely it will be fair use; the amount and substantiality of the portion used in relation to the copyrighted work as a whole: the more taken the less likely to be fair use; and the effect of the use upon the potential market for or value of the copyrighted work: in other words, is the use taking away from the copyright owner money that the she might have been making from the work. No case will be decided on just one of these factors. Courts are supposed to look at all of the factors and balance them together to see whether more factors weigh in favor of finding fair use. Courts may consider some factors more important than others in a particular case. Unless you are absolutely sure, relying on the doctrine of "Fair Use" to avoid seeking Permission to copy a work is risky. Despite what you may have heard, there are no set rules about what kind of use is "fair" and what is "infringing." For example, using less than a certain number of words from an author's work does not automatically constitute fair use. Courts apply the four factors on a case-by-case basis, and one court's interpretation of the factors could easily differ from another's. Thus, it is often impossible to predict whether or not a court would find any given unauthorized use to be "fair." The best course of action is simply to seek permission for all copied material you intend to use. To obtain permission, you must determine who is the copyright owner of the material you intend to use, contact the owner, obtain permission to use the work in the territory and format you intend, and -- in some cases -- pay the owner a fee. Permission fees are negotiable and will vary depending on the amount and nature of the material you intend to use. If the use is not commercial -- meaning no one is trying to make money from it (such as a school play), then you may be able to get the rights for free. The publisher or distributor should be able to provide you with ownership information or even obtain and provide the permission. The records of the Copyright Office, if kept up to date, should tell you who owns the copyright. These records are open to the public, and the Copyright Office will search its records on request for an hourly fee.