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A literary executor is a person with decision-making power in respect of a literary estate. According to Wills, Administration and Taxation: a practical guide (1990)[1] "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 [...]".

Literary estates[edit]

The literary estate of an author who has died will often consist mainly of the copyright and other intellectual property rights of published works, including for example film and translation rights. It may also include original manuscripts of published work, which potentially have a market value; unpublished work in a finished state or partially completed; and papers of intrinsic literary interest such as correspondence or personal diaries and records. In academia, the German term Nachlass for the legacy of papers is often used.

Since the literary estate is a legacy to the author's heirs, the management of it in financial terms is a responsibility of trust. The position of literary executor has more to it than the simple 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 obvious tensions: 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[edit]

Examples of literary executors include Sir Edward Marsh for Rupert Brooke, Robert Baldwin Ross for Oscar Wilde, Robert Hayward Barlow for H. P. Lovecraft, Rush Rhees for Ludwig Wittgenstein, Otto Nathan for Albert Einstein, and Regine Olsen for Søren Kierkegaard.

A particularly notorious example is Elisabeth Förster-Nietzsche for Friedrich Nietzsche, as she resorted to fraud to make her brother's Nachlass more compatible with Nazi ideology.[2] An exceptionally productive example is that of Rudolf Steiner. Although he did not originally intend that the stenographs of his thousands of lectures to be published, he relented and named his second wife, Marie Steiner-von Sivers, 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 for Ben Jonson, are essentially editorial rather than legal. A contemporary case is Christopher Tolkien's work on J. R. R. Tolkien's papers.

A notable example is the case of Franz Kafka, who left no will. His friend Max Brod assumed the function of literary executor, though most of the literary estate was instead legally owned by Marianne Steiner and Vera Saudková.[3]

References[edit]

  1. ^ J. S. Barlow, John S. Barlow, Lesley C. King, A. G. King, Wills, Administration and Taxation: a practical guide (1990), p. 192; [1]
  2. ^ [2]
  3. ^ Reed, T. J. "Pasley, Sir John Malcolm". Oxford Dictionary of National Biography (online ed.). Oxford University Press. doi:10.1093/ref:odnb/94106.  (Subscription or UK public library membership required.)

Original courtesy of Wikipedia: http://en.wikipedia.org/wiki/Literary_executor — Please support Wikipedia.
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166 news items

ABC News

ABC News
Tue, 14 Oct 2014 12:56:23 -0700

Carolyn Kizer, a feminist Pulitzer Prize-winning poet who spoke her political mind even at age 7, has died in Sonoma from the effects of dementia, her literary executor said. She was 89. Kizer, who won her Pulitzer in 1985 for a collection of work ...

Telegraph.co.uk

Telegraph.co.uk
Thu, 30 Oct 2014 00:30:00 -0700

Lady Soames appointed Emma as her literary executor and gave her £5,000 “in recognition of the not inconsiderable amount of work and responsibility which this will entail.” She directed that Emma should decide whether any unfinished book started by her ...
 
The Guardian
Wed, 29 Oct 2014 08:51:36 -0700

The job had come about through a family connection – Christopher Tolkien's second wife was Canadian, and the two families knew each other. When Tolkien was made literary executor for his father's estate, he decided he needed help, and Kay ended up ...
 
Peninsula Daily
Fri, 24 Oct 2014 00:30:00 -0700

He's also the literary executor of his father William Stafford's estate. He was a contributor to the Multnomah County project When You Were 15, in which local people shared stories about how one adult, through a small act of encouragement, made a ...

DesMoinesRegister.com

DesMoinesRegister.com
Sat, 18 Oct 2014 21:18:45 -0700

Carolyn Kizer, a feminist Pulitzer Prize-winning poet who spoke her political mind even at age 7, has died in Sonoma, Calif., from the effects of dementia, her literary executor said. She was 89. Kizer, who won a Pulitzer in 1985 for a collection of ...
 
The New Yorker
Tue, 21 Oct 2014 05:22:30 -0700

Though this suppression of Sofiya's work had much to do with Tolstoy's literary executor, Vladimir Chertkov, who loathed Sofiya, and with Soviet distortions, it started with her family. Sofiya's son Lev told her not to publish her “badly written ...
 
Washington Post
Sat, 11 Oct 2014 16:49:34 -0700

She had complications from dementia, said poet David Rigsbee, her literary executor. Ms. Kizer was a formidable presence in literary circles for decades and was addressing the concerns of women in her early work in the 1950s, before the term “feminism” ...

Richmond Times-Dispatch

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Tue, 14 Oct 2014 18:52:30 -0700

Carolyn Kizer, a feminist Pulitzer Prize-winning poet who spoke her political mind even at age 7, has died in Sonoma, Calif., from the effects of dementia, her literary executor said. She was 89. Kizer, who won her Pulitzer in 1985 for a collection of ...
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