The Literary Estate of Self Publishers

[Astro Pen]

Whilst I am neither dead nor self published. I do have to deal with the "will writing" thing, finding myself recently single, so no longer having a spouse to automatically take the baton as it were.
So I got to thinking. What happens to self publishers works when they pass on without a publishing house or spouse to pick up the pieces?
The furniture, car and house are easy but has anyone made any kind of arrangement for the care and feeding of their "heritage", for lack of a better word, of self published books and unpublished manuscripts?
Or is this the can that is eternally kicked down the road until it ends up in a dumpster?

 

[Ambrose]

I was just thinking about that, because of re-doing my Will: the original trustees I nominated are both dead, and the kids are now grown up. So there will be a clause bequeathing the copyrights to them in case someone wants to negotiate film or other rights. Probably a separate note - to the kids as to the publishing house is all that's needed. They could get a copy made to show the publishers. But if the publishing house has ceased operating, it may have transferred its rights to a successor: if not, I don;t know what could be done.

 

[Teresa Edgerton]

If you just name someone to whom you bequeath all your copyrights (obviously someone you trust) then that will cover everything published and non-published, since according to law everything you write is automatically copyright the moment you write it whether you publish it or register it or not.

Keep in mind that everything you write on a public board IS, essentially, published. And as a side note that it is explicitly stated in the site rules that we all retain copyright to any of our statements posted here on the Chrons.

 

[Ambrose]

Agreed as to the concept, but the precise rules depend on the law that governs your estate. Not all states have a 70 year copyright. Again sometimes the rules as to 'bequeathing' are complex, as the technicalities of how to execute the document can be . Astro Pen is in Wales, not California. I am in Scotland, which has its own rules a to what constitutes a valid testamentary document. I believe that individual US states have their own rules, depending on their traditions. Some have been influenced by the Spanish legal tradition, so may be different from such as Connecticut. So the advice must always be 'check it out' . Conform to the rules of your local law.

 

[Teresa Edgerton]

As I understand it copyright law is the same in the UK and the US. It didn't used to be, but it was decided quite a few years back that it would be best to make it consistent. Certainly it is NOT different in one part of the US than it is in another. It is not a matter of state or local laws at all.

 

[Robert Zwilling]

So what happens to all the self published works on Amazon after the author dies leaving no instructions or has no heirs? Does amazon keep collecting the money, investing it in their schemes of things, while it waits to see if anyone ever claims the money? Even if they pass the money along, while the book is out there they get a percentage of the sale.

 

[-K2-]

The easiest route is to make a joint account (if that is possible). In that way, the heir already has control over disposition of the work. There is no discussion or proof required at that point. Otherwise, you really need to have a lawyer write something up to the effect that all rights to your work transfer to your children, cat, church, or whomever. If you do nothing, then the beneficiary is looking at having to wait or battle it out in probate court (meaning, the state gets their bit possibly), and any delay with the publishing house unable to reach anyone authorized, means it will be more of a battle for your heir to prove their rights (which will then take a lawyer, time and money).

Be sure of one thing...insurance companies, banks, financial institutions, or anyone who holds in trust something of yours of value, are more than happy to 'absorb it' into their business. They make it difficult to protect themselves from someone stealing something they're entrusted with (lawsuits), but they're not going to pound on doors to force someone to take what they currently possess.

That said, I'm not a lawyer. So, for a minimal amount if even that, speak with one. If what it costs is not worth the benefit, then don't sweat it.

K2

 

[Ambrose]

As I understand it copyright law is the same in the UK and the US. It didn't used to be, but it was decided quite a few years back that it would be best to make it consistent. Certainly it is NOT different in one part of the US than it is in another. It is not a matter of state or local laws at all.

OK. I accept what you say as to US law as to its nature. The point could remain as to the way in which the 'bequest' is constituted/proved. Until recently in Scotland a holograph document would work. That document (preferably dated) would suffice if proved to the court supervising the executry to be holograph of the testator (usually by statements by persons familiar with the writer's handwriting). Now you have to have it properly executed before witnesses. -- though given covid there may be a change in the law to allow 'remote' witnesses. Whatever you do, make sure to date the document. Sometimes folk die leaving a series of incompatible undated instructions. Family rows are not unknown.

 

[Teresa Edgerton]

Obviously the will itself is another matter, one I am not qualified to comment on. I was just describing what you do about your literary estate within the will, which must of course be properly executed. Within that properly executed will you bequeath your copyrights to the person you wish to see oversee the publication of your work during the term of those copyrights, and to benefit from any money that comes in from your work. It gets more complicated if one has many heirs that one would wish to benefit (someone would have to be appointed the literary executor I imagine), but that does not appear to be the case with Astro Pen who was asking the question.

 

[JohnM]

Write the will and hand it to an attorney to look over.