in Writing
Epigraphs, and the permissions they need
An epigraph is a short quotation with a long shadow. What they do for a book, and why they often need permission.
An epigraph is the quotation placed at the start of a book, or of a part or chapter, before the text begins. It is one of the oldest conventions in publishing and one of the easiest to get wrong, both artistically and legally.
This article covers both sides. The legal part describes the general position in the UK and is not legal advice. Particular cases need particular advice.
What an epigraph does
A good epigraph sets a key before the first note. It can suggest a theme, establish a tone, hint at the book's ancestry, or create a small tension with what follows. It works by resonance rather than statement. The reader holds it in mind and finds, sometimes much later, why it was chosen.
A weak epigraph explains too much. If the quotation simply states what the book is about, it is redundant. If it is very famous and very general, it risks feeling like a greeting card. The most effective epigraphs often become clearer, or change meaning, once the book is finished.
Quantity matters too. One well-chosen epigraph can carry weight. Several at the start of a book, followed by more at every chapter, dilute each other and can feel like the author hiding behind other writers.
Why permission is often needed
Because an epigraph is short, writers often assume it is free to use. It may not be.
In the UK, a literary work is generally in copyright for the life of its author plus seventy years from the end of the year in which they died. Using a substantial part of a work in copyright requires permission unless an exception applies. For very short works, such as poems and song lyrics, even a few lines can be substantial, because substance is judged by importance as well as length.
UK law has fair dealing exceptions for criticism, review and quotation, but these come with conditions, including that the use is fair and that no more is taken than the purpose requires. An epigraph is not usually discussed or analysed in the text; it is there for effect. Whether that sits comfortably within an exception is uncertain, and many publishers take the cautious view and seek permission for epigraphs from works in copyright.
Song lyrics deserve particular caution. Music rights holders are active in licensing their lyrics, and permissions can be slow to obtain.
Works that are free to use
Works whose authors died long enough ago are out of copyright in the UK and may be quoted freely, though good practice is still to credit them. Be careful with translations and modern editions. A translation of a classical or foreign text is its own work, with its own copyright, and a recent translation may well still be protected. If you want an old text in English, an older translation already out of copyright, or your own translation, avoids the question.
Getting it right
Trace the source of the quotation to the original text. Epigraphs are often chosen from anthologies or the internet, where lines are frequently misquoted or misattributed. Quote exactly and give the author and work.
If the work is in copyright, identify the rights holder, usually the publisher, and ask early. Explain where the epigraph will appear and the details of your edition. Keep the permission in writing and use any credit wording they require.
If permission is refused or too slow, consider an alternative. A book rarely depends on its epigraph, and the search for a second choice sometimes turns up a better one.