Dear Geist,
I am working on a historical novel. At the beginning of one chapter, a character sings the song "Happy Days Are Here Again" (copyright 1929). I quote a few lines from the song in this scene. Is it my responsibility to obtain permission to quote these song lyrics prior to submitting my full manuscript for publication, or is this something the publisher would do? If it would indeed be my responsibility, how would I would secure permission to quote these lyrics?
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Dear Heather,
Disclaimer: We are not lawyers and this answer is not legal advice. It is a summary of our knowledge and experience on the subject.
Normally it is the writer’s lookout to secure permissions and to pay all fees. If a publisher has indicated interest in the manuscript, or you plan to submit it to a press you have worked with before, you might check with them; otherwise, it’s up to you. You might start by checking on whether the song has gone into the public domain and is therefore available for free, without permission (though it is still a courtesy to credit the source). If not, find out who can negotiate rights by searching online for the sheet music, on which a copyright notice usually appears; or search the databases of performance rights societies in the country of origin, such as ASCAP, BMI, SESAC for the US, and SOCAN for Canada. These groups don’t always manage print permissions, but they have a lot of info on who owns what. For a bit more on this question, see the recent Advice to the Lit-Lorn post
ed., by Lesley Ellen Harris (Wiley Canada, 2014).
—The Editors