[PW] Finding the correct version of a quote, and reprinting

[Carolyn]

Good morning--

I'm hoping to write a book this year for which I want to include a 
famous quotation in an intro section:

The kiss of the sun for pardon,
The song of the birds for mirth,--
One is nearer God's heart in a garden
Than anywhere else on earth.
--Dorothy Frances Gurney


Problem is, I've come across two versions and can't verify which is 
correct. The alternate popped up only once in my web searches, and 
claims to be the real one (author of website using it claims the poem 
is oft misquoted and he had to look up the real words -- no link to 
that person to ask where he/she got the info).

The alternate version:

Kiss of the sun for pardon.
Song of the birds for mirth.
You're closer to God's heart in a garden
than any place else on earth.


I have so far tracked down the poem name ("God's Garden") and title 
of book it was published in (Poems, ca. 1913). That's as far as I can 
get. Can anyone help?

A secondary question: The author is dead and I have no idea whether 
this work is in the public domain. What do I do about reprint permission?

It seems like anyone and everyone uses short quotations anywhere and 
everywhere, which suggests to me that "fair use" applies here and no 
permission is needed. However, I also know that the fair use laws are 
quite picky when it comes to short works like poems and song lyrics. 
This quote is one verse of a about half a dozen -- a significant 
portion of a work. Do I need a lawyer for this question, or are 
quotations in their own category of fair use?

Thanks in advance!

Carolyn Haley
DocuMania


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