The literary estate of a deceased

author In legal discourse, an author is the creator of an original work that has been published, whether that work exists in written, graphic, visual, or recorded form. The act of creating such a work is referred to as authorship. Therefore, a sculpt ...

consists mainly of the

copyright A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, ...

and other

intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...

rights of published works, including

film A film, also known as a movie or motion picture, is a work of visual art that simulates experiences and otherwise communicates ideas, stories, perceptions, emotions, or atmosphere through the use of moving images that are generally, sinc ...

translation Translation is the communication of the semantics, meaning of a #Source and target languages, source-language text by means of an Dynamic and formal equivalence, equivalent #Source and target languages, target-language text. The English la ...

rights, original manuscripts of published work, unpublished or partially completed work, and papers of intrinsic literary interest such as correspondence or personal diaries and records. In

academia An academy (Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of tertiary education. The name traces back to Plato's school of philosophy, founded approximately 386 BC at Akademia, a sanctuary of Athena, the go ...

, the

German German(s) may refer to: * Germany, the country of the Germans and German things **Germania (Roman era) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizenship in Germany, see also Ge ...

term ''

Nachlass ''Nachlass'' (, older spelling ''Nachlaß'') is a German language, German word, used in academia to describe the collection of manuscripts, notes, correspondence, and so on left behind when a scholar dies. The word is a compound word, compound in ...

'' for the legacy of papers is often used.

Literary executor

A literary executor is a person acting on behalf of beneficiaries (e.g. family members, a designated charity, a research library or archive) under a deceased author's

will Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpower * Will (sociology) * Will, volition (psychology) * Will, a modal verb - see Shall and will ...

. The executor is responsible for entering into contracts with publishers, collecting royalties, maintaining copyrights, and (where appropriate) arranging for the deposit of letters. According to ''Wills, Administration and Taxation: a practical guide'' (1990, UK) "A will may appoint different executors to deal with different parts of the estate. One example of this is the appointment of a literary executor to deal with literary effects ... Since the literary estate is a legacy to the author's

heir Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Offi ...

s, the management of it in financial terms is a responsibility of trust. The position of literary

executor An executor is someone who is responsible for executing, or following through on, an assigned task or duty. The feminine form, executrix, is sometimes used. Executor of will An executor is a legal term referring to a person named by the maker o ...

extends beyond the monetary aspect, though: appointment to such a position, perhaps informally, is often a matter of the author's choice during his or her lifetime. If a sympathetic and understanding friend is in the position of literary executor, there can be conflict: what is to be managed is not just a portfolio of intellectual property but a posthumous reputation. Wishes of the deceased author may have been clearly expressed but are not always respected. Family members often express strong feelings about privacy of the dead. For example, biographical writing is likely to be of a quite different authority if it is carried out with access to private papers. The literary executor then becomes a gatekeeper.

Examples

Examples of literary executors include Sir Edward Marsh for

Rupert Brooke Rupert Chawner Brooke (3 August 1887 – 23 April 1915The date of Brooke's death and burial under the Julian calendar that applied in Greece at the time was 10 April. The Julian calendar was 13 days behind the Gregorian calendar.) was an En ...

Robert Baldwin Ross Robert Baldwin Ross (25 May 18695 October 1918) was a British journalist, art critic and art dealer, best known for his relationship with Oscar Wilde, to whom he was a devoted friend, lover and literary executor. A grandson of the Canadian r ...

for

Oscar Wilde Oscar Fingal O'Fflahertie Wills Wilde (16 October 185430 November 1900) was an Irish author, poet, and playwright. After writing in different literary styles throughout the 1880s, he became one of the most popular and influential playwright ...

Robert Hayward Barlow Robert Hayward Barlow (May 18, 1918 – January 1 or 2, 1951Joshi & Schultz (2007): p. xx.) was an American author, avant-garde poet, anthropologist and historian of early Mexico, and expert in the Nahuatl language. He was a correspondent and f ...

for

H. P. Lovecraft Howard Phillips Lovecraft (, ; August 20, 1890 – March 15, 1937) was an American writer of Weird fiction, weird, Science fiction, science, fantasy, and horror fiction. He is best known for his creation of the Cthulhu Mythos. Born in Provi ...

Rush Rhees Rush Rhees (; 19 March 1905 – 22 May 1989) was an American philosopher. He is principally known as a student, friend, and literary executor of the philosopher Ludwig Wittgenstein. With G. E. M. Anscombe he was co-editor of Wittgenstein's posth ...

, G. H. von Wright and

G. E. M. Anscombe Gertrude Elizabeth Margaret Anscombe (; 18 March 1919 – 5 January 2001), usually cited as G. E. M. Anscombe or Elizabeth Anscombe, was a British analytic philosopher. She wrote on the philosophy of mind, philosophy of action, philosophi ...

for

Ludwig Wittgenstein Ludwig Josef Johann Wittgenstein ( ; ; 26 April 1889 – 29 April 1951) was an Austrian philosopher who worked primarily in logic, the philosophy of mathematics, the philosophy of mind, and the philosophy of language. From 1929 to 1947, Witt ...

Otto Nathan Otto Nathan (1893–1987) was an economist who taught at Princeton University (1933–35), New York University (1935–42), Vassar College (1942–44), and Howard University (1946–52). Nathan was a close friend of Albert Einstein for many year ...

for

Albert Einstein Albert Einstein (14 March 187918 April 1955) was a German-born theoretical physicist who is best known for developing the theory of relativity. Einstein also made important contributions to quantum mechanics. His mass–energy equivalence f ...

Regine Olsen Regine Schlegel (née Olsen; 23 January 1822 – 18 March 1904) was a Danish woman who was engaged to the philosopher and theologian Søren Kierkegaard from September 1840 to October 1841. Biography Early years and engagement to Kierkegaard O ...

for

Søren Kierkegaard Søren Aabye Kierkegaard ( , ; ; 5 May 1813 – 11 November 1855) was a Danes, Danish theologian, philosopher, poet, social critic, and religious author who is widely considered to be the first existentialist philosopher. He wrote critical tex ...

and

Paul Williams Paul Williams may refer to: Authors * Paul Williams (Crawdaddy) (1948–2013), American music and science fiction journalist; founder of ''Crawdaddy'' and the Philip K. Dick Society * Paul Williams (Irish journalist) (born 1964), Irish journalis ...

for Philip K. Dick. A particularly notorious example is

Elisabeth Förster-Nietzsche Therese Elisabeth Alexandra Förster-Nietzsche (10 July 1846 – 8 November 1935) was the sister of philosopher Friedrich Nietzsche and the creator of the Nietzsche Archive in 1894. Förster-Nietzsche was two years younger than her brother ...

for

Friedrich Nietzsche Friedrich Wilhelm Nietzsche (15 October 1844 – 25 August 1900) was a German philosopher. He began his career as a classical philology, classical philologist, turning to philosophy early in his academic career. In 1869, aged 24, Nietzsche bec ...

, as she resorted to fraud to make her brother's ''Nachlass'' more compatible with Nazi ideology. An exceptionally productive example is that of

Rudolf Steiner Rudolf Joseph Lorenz Steiner (; 27 or 25 February 1861 – 30 March 1925) was an Austrian occultist, social reformer, architect, esotericist, and claimed clairvoyant. Steiner gained initial recognition at the end of the nineteenth century ...

. Although he did not originally intend that the stenographs of his thousands of lectures be published, he relented and named his second wife,

Marie Steiner-von Sivers Marie Steiner-von SiversSome sources cite birthname as Marie von Sivers, Marie Sievers, or Marie von Sievers (14 March 1867 – 27 December 1948) was a Baltic German actress, the second wife of Rudolf Steiner and one of his closest colleagu ...

, to direct his ''Nachlass'', which has produced more than three hundred volumes since his death in 1925. Older examples of such appointments, such as

Kenelm Digby Sir Kenelm Digby (11 July 1603 – 11 June 1665) was an English courtier and diplomat. He was also a highly reputed natural philosopher, astrologer and known as a leading Roman Catholic intellectual and Thomas White (scholar), Blackloist. For ...

for

Ben Jonson Benjamin Jonson ( 11 June 1572 – ) was an English playwright, poet and actor. Jonson's artistry exerted a lasting influence on English poetry and stage comedy. He popularised the comedy of humours; he is best known for the satire, satirical ...

, are essentially editorial rather than legal. A contemporary case is

Christopher Tolkien Christopher John Reuel Tolkien (21 November 1924 – 16 January 2020) was an English and naturalised French academic editor and writer. The son of the author and academic J. R. R. Tolkien, Christopher edited 24 volumes based on his father's P ...

's work on

J. R. R. Tolkien John Ronald Reuel Tolkien (, 3 January 1892 – 2 September 1973) was an English writer and philologist. He was the author of the high fantasy works ''The Hobbit'' and ''The Lord of the Rings''. From 1925 to 1945, Tolkien was the Rawlinson ...

's papers. A notable example is the case of

Franz Kafka Franz Kafka (3 July 1883 – 3 June 1924) was a novelist and writer from Prague who was Jewish, Austrian, and Czech and wrote in German. He is widely regarded as a major figure of 20th-century literature. His work fuses elements of Litera ...

, who left no will. His friend

Max Brod Max Brod (; 27 May 1884 – 20 December 1968) was a Bohemian-born Israeli author, composer, and journalist. He is notable for promoting the work of writer Franz Kafka and composer Leoš Janáček. Although he was a prolific writer in his ow ...

assumed the function of literary executor, though most of the literary estate was legally owned by Marianne Steiner and Věra Saudková.

References

{{reflist Copyright law Academia Legal professions Intellectual property law legal terminology Intellectual property organizations Copyright law legal terminology

Literary executor

Examples

See also

References