Dear Geist,

My question is about epigraphs. If I want to include one (or several) at the beginning of my short story collection, do I need to get permission before I submit to a publisher, or does the publisher secure permissions? I want to use a few lines of a song lyric, and a couple lines from published stories.

Dear Quoter,

Disclaimer: We are not lawyers and this answer is not legal advice. It is a summary of our knowledge and experience on the subject.

Responsibility: The author-publisher book contract spells out responsibility for permissions. In most standard book contracts we have seen, the author is to clear all permissions, including payment of fees, on delivery of the full manuscript. It’s a contract, though, so this matter is negotiable.

Written excerpts: If the epigraph is a short passage that makes up a tiny percentage of a longer written work and can therefore be deemed “fair dealing,” you may not have to secure permission. Be aware that “fair dealing” in Canadian law is a defence, not a provision; it is deliberately not quantified in legislation because decisions are made according to the details of each case. Either way, for each quoted bit, credit the author and title of the work.

Song lyrics: Lyrics are a good example of short being substantial. Even a couple of lines can constitute a large portion of a song, and permission fees for lyrics can be real eyebrow-raisers for people in the print publishing biz. You would certainly need official permission for them.

ed., by Lesley Ellen Harris (Wiley Canada, 2014).