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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, UK)[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 It may also include original manuscripts of published work, which potentially have a market value; unpublished work in a finished state or partially completed; and papers of intrinsic literary interest such as correspondence or personal diaries and records.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][dead link] 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. ^ Barlow, J. S., King, L. C., King, A. G. (1990). Wills, Administration and Taxation: a practical guide. Sweet and Maxwell, London. p. 192. Retrieved 14 November 2014. 
  2. ^ [1]
  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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The Denver Post
Sat, 24 Jan 2015 22:56:15 -0800

... Hughes and Plath, surely the most tenderly innocuous is "Ted & I: a Brother's Memoir," by Ted Hughes' older brother Gerald. Unlike their sister Olwyn, who is Plath's highly partisan literary executor, Gerald Hughes has no interest in entering a ...

Sydney Morning Herald

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Fri, 23 Jan 2015 05:18:45 -0800

This biography is far from merely a collection of theatrical tall tales, however. Lahr inherited this project from an earlier, ill-fated biography by Lyle Leverich – a work that had been stalled in acrimonious legal battles with Williams' literary ...

moviepilot.com

moviepilot.com
Thu, 22 Jan 2015 02:35:44 -0800

... win numerous awards within the entertainment industry, thus giving 3D life to the beautiful works of J.R.R. Tolkien, his son Christopher Tolkien, who is the literary executor, "refused to consider any further licensing of his father's work for ...
 
Catholic News Agency
Tue, 20 Jan 2015 07:56:14 -0800

Actually I was commissioned by Ignatius Press to write the book at the suggestion of Walter Hooper, C. S. Lewis' former secretary and literary executor of the C. S. Lewis Estate. Initially Ignatius had intended to republish an earlier book, C. S. Lewis ...

Washington Free Beacon

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Fri, 16 Jan 2015 01:56:15 -0800

Disorientation was a hallmark of the great—and greatly underappreciated—writer Guy Davenport, some of whose best work recently has been collected in a single-volume reader by his literary executor Erik Reece. This quality was true especially in his ...

Spectator.co.uk

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Wed, 14 Jan 2015 20:25:18 -0800

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