Literary Executor

You may find, that those that you wish to benefit financially from your plays, songs, and musicals are not qualified or interested in managing and administering copyrights. For example, they may work in a different industry, may have a limited amount of time, or may simply be ill-fitted to run such an enterprise. In these instances, dramatists might consider naming a literary executor in their will.

What is a literary executor?
Unlike a general executor who might petition for probate, pay taxes, and contact beneficiaries, the work of the literary executor relates only to copyrights. Specifically, the literary executor might negotiate deals with publishers and producers, ensure royalties are paid and exercise the right of termination. In addition to running the business side of copyright ownership, the literary executor is responsible for the artistic integrity of the work and upholding the author’s intent. As the court suggested in settling the estate of Lillian Hellman, being a literary executor “requires a delicate balance between economic enhancement and cultural nurture.”

It should be noted that some authors choose to engage a literary executor only as an advisor to the general executor. You should discuss with your attorney which approach is best for you.

The pros and cons.
There are many benefits to appointing a literary executor.  First, you are likely to lessen family infighting as the decisions about the works would be left to a single individual that you trusted and selected for the job.  Second, you can give the literary executor specific instructions that family members may be unlikely to fulfill. For example, some authors prefer that unfinished scripts be destroyed.  Family members may become emotional about such a decision, while a literary executor has a duty to follow through. Most importantly, with a literary executor in place (and better yet a named alternative), you can rest assured that your work will continue.

Who Makes a Good Literary Executor?
Children and agents are often top choices when it comes to selecting a literary executor.  Others turn to attorneys or colleagues within the industry.  We would suggest looking out for the following traits:

-      Experience in the theater industry

-      Well-grounded individual

-      Strong communication skills.

-      A knowledge of and passion for your work

[For more information, See Tips for Selecting A Literary Executor.]

Setting up a literary executorship?
Your attorney will be responsible for setting up the literary executorship in your will [or creating a trust so that you can appoint a literary trustee.] What is key is that the job of the literary executor is defined and that you leave specific instructions. For example:

-Does the literary executor have final decision-making authority?
-Can the literary executor negotiate deals with publishers and producers?
-What should the literary executor do with unpublished and unfinished works?
-What are the plans for the physical manuscripts and papers?
-Who should receive the royalties from your work?
-Provide a list of publishers and collaborators.
-Address reversion rights (See Copyright Matters)
-Authorial decisions
-Is there a replacement executor or trustee? Or should they replace themselves?

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