Legal Definitions - literary executor

A literary executor is a specific type of executor appointed, typically through a will, to manage the intellectual property and creative works of a deceased author, artist, musician, or other creator. Their role extends beyond the general administration of an estate to focus on the unique aspects of an artistic legacy. This includes protecting copyrights, negotiating publishing or licensing agreements, managing royalties, overseeing the release or re-release of works, and generally safeguarding the artistic and commercial interests related to the deceased's creative output.

Here are some examples illustrating the role of a literary executor:

• Imagine a beloved children's book author who passes away, leaving behind several popular series and notes for an unfinished novel. In her will, she names her long-time literary agent as her literary executor. This agent's responsibilities would include negotiating new publishing contracts for her existing books, managing the licensing of her characters for merchandise, deciding whether and how to complete or publish the unfinished novel, and ensuring that all royalties from her works are properly collected and distributed to her estate. The agent, as literary executor, ensures the author's creative legacy continues to be managed professionally.

• Consider a celebrated playwright whose plays are performed globally. Upon his death, his will designates a theater archivist and scholar as his literary executor. This individual would be tasked with managing the rights to his extensive collection of plays, granting permissions for new productions, overseeing the publication of posthumous collections of his essays and unproduced scripts, and ensuring the integrity of his dramatic works is maintained across various adaptations and performances. The literary executor acts as the guardian of the playwright's dramatic catalog and intellectual property.

• A groundbreaking visual artist, known for their unique sculptural works and extensive photographic archives, dies. Their will appoints the director of a prominent art foundation as their literary executor. In this capacity, the director would manage the copyrights to the artist's entire body of work, negotiate with galleries and museums for exhibitions, oversee the sale of existing pieces, and potentially authorize the creation of posthumous editions of prints or sculptures. The literary executor ensures the artist's vision is respected, their works are properly cataloged, and their artistic estate continues to be valued and protected.