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Your Literary Estate, Part One: Assigning a Literary Executor

No one likes to think about wills or insurance policies. It’s the stuff that reminds us of our mortality, yet helps define our legacy. Legacy planning requires thoughtful reflection and the selection of the correct, living people to manage it. When you’re gone, you’ll have little control over what happens next. You can either prepare for the best outcome while you walk the Earth or leave your heirs with chaos, feuding, and probate courts. Your heirs will have varying degrees of concern for your legacy, ranging from not-at-all through avarice to sincere compassion for your work. Get control of the process now.

As an author, you have a special addendum to your legacy known as your literary estate. This involves the administration of your published and unpublished work, letters, papers, royalties, and contracts. You’ll need someone you can trust to manage your literary estate who will look after both your interests and integrity as an author. The reason why you don’t see the Ernest Hemingway Big Game Rifle or the Jack Kerouac Touring Tires is because they have the correct person managing their legacies. The person who will manage your literary estate is known as a Literary Executor.

Most people are familiar with an Estate Executor—the appointed person who manages the affairs of a dearly departed. State laws moderate what an estate executor can do and how much he/she can be paid for doing it. This person is often an attorney who knows how to navigate the law and has experience dealing with heirs. Unfortunately, this person has general experience for estates and often little to no experience with the literary world and all of its pitfalls and trap doors. For that, you’ll want to appoint a Literary Executor to administrate your literary estate apart from your general estate concerns.

Your literary executor would optimally be someone who is both involved in the business of publishing and is familiar with you and your heirs. It could be an editor, agent, or fellow writer. He/She should understand both your work and intentions. This is uncovered through knowing you and maintaining an ongoing dialogue about your work. After your death, your literary executor will act in your place, even appointing the next literary executor to succeed him/her.

In the years leading up to his death, bestselling author Robert Gover asked me to become his literary executor. I was the natural choice. He was my writing mentor before I was published. I admired and understood his work. Over the years, we became peers in the industry, and in addition to being published on my own, I edited his latter novels. We were friends, and I came to know his wife and children (i.e. his eventual heirs). This is the optimal of all situations. While you’ll benefit from assigning someone who knows your heirs, aim for a literary executor who understands the business first, and then your work next.

Gover knew that his heirs would trust me and my eventual decisions, but I was powerless in managing his literary estate unless it was official. However, I learned that almost no one had information on this topic. I am a member of the Author’s Guild, which defends authors on various copyright and literary concerns, but even their legal council had no advice other than a general disclaimer that they would not be advising me on this matter. Furthermore, Gover had limited funds near the time of this death, and so hiring the correct yet expensive attorney to draw up paperwork was out of the question. If you own a wealthy literary estate or you possess the financial means, you should hire a publishing-experienced attorney to establish your literary legacy. Unfortunately for most authors, the cost of this attorney would erase any hope of profit and thereby eliminate a primary factor of managing a literary estate in perpetuity.

In the case of Gover’s literary estate, I sought a document that assigned my position. The answer was a simple letter from Gover, declaring me as his literary executor to manage all of the aforementioned factors that go with those duties in the event of his death. In his advanced age, I typed it up for him and had a professional notarize the document. A Notary Public can be found at a nearby bank, post office, shipper, or even an attorney’s office. You might have one in the family. The point was to have Gover assign me as his literary executor (and my appointed duties) in clear language on a document with a witnessed signature. Having secured that, I was a literary executor for the first time. Without that document, all control of his literary estate would be left in the hands of his heirs.

If your literary estate is significant—that which will generate an inheritance tax for example—consider having your literary executor specified in your will. This will require a visit to an experienced attorney. It’s also a good idea to sit down with your heirs in advance and explain to them who will be managing your literary estate if it will not be your heirs directly. You want no surprises. Your death will be an emotional time, and surprises will create unnecessary contentions with or among your heirs. Keep in mind that after your death, your literary executor conceptually will be the steward of your work, but in reality will be working on behalf of your heirs.

In the second installment, we’ll discuss the functions of a Literary Executor and the factors involved in managing a literary estate. (see Your Literary Estate, Part Two: Managing Your Work)

The above article is practical advice for authors, not legal advice for individuals setting up a will. Probate laws and requirements vary from state to state. Seek professional advice where necessary.

Christopher Klim is the author of several books including and the novel, Idiot!, and the short collection, True Surrealism. He is currently working on a novel trilogy about the space program past, present, and future.

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Killing the Rising Sun by Bill O’Reilly & Martin Dugard

Killing the Rising Sun: How America Vanquished World War II Japan
by Bill O’Reilly & Martin Dugard
Henry Holt

reviewed by Christopher Klim

“But some men don’t move—they can’t. Dead or mortally wounded, their bodies lie still, soaking the sand with blood.”

History is shaped by time and memory, allowing some facts to take prominence and others to fade away. As a result, Nazi Germany is remembered as the worst offender during World War II, while the U.S. decision to use the atomic bomb is given, by some factions, the moral equivalence of a brutal war crime. Typically, these misconceptions arise through ignorance, although sometimes it’s a deliberate rewriting of history for a political agenda. Regardless of the reason, news commentator Bill O’Reilly and coauthor Martin Dugard refresh the record in their latest installment of the “Killing” series.

To be clear, the atrocities of the Holocaust were a horrific stain on humanity, but at the same time, Imperial Japan conquered Asia in a brutal campaign that had no rival. Prisoners as well as civilians were tortured and killed without conscience. Women were pressed into prostitution. Nations were starved into submission. And yes, the Japanese conducted lethal human medical experiments within their infamous Unit 731.

The striking distinction about Japan was a core belief that they were superior to all others on the planet and that it would be ultimately shameful to surrender to the American “barbarians.” The indoctrination of this belief extended from the hubris of Japan’s 124th Emperor, Shōwa, commonly known as Hirohito. For Imperial Japan, negotiation of peace was not an option, and its people believed this wholeheartedly. Their soldiers proudly fought to the death. On the home front, every man, woman, and child was prepared to fight to the end in order to protect their emperor from shame.

Killing the Rising Sun is more than a discourse about the atomic bomb. It reveals its necessity by plotting the course of history during the Pacific campaign. Years after the devastation of Pearl Harbor and the U.S. retreat from the Philippines—not to mention a hard fought victory against Germany in Europe—the Americans under General MacArthur’s command were slowly regaining ground on the western front and creeping toward the ultimate showdown with Japan. As each island was recaptured, casualties were high. On both sides of the campaign, tens of thousands of soldiers died in what was becoming a regular repeat of the Normandy Invasion in blood and loss. Even though MacArthur longed for the dignity of combat and surrender, it became obvious that as many as a million or more soldiers and civilians were going to die before Japan would even consider ending their aggression. The extinguishing of Japan itself might even be necessary. The atomic bomb, as destructive as it was intended, became a viable solution for sparing lives in the long run.

Some historians theorize that Japan was only days from surrender when the first a-bomb was dropped, but this is wishful thinking. As O’Reilly and Dugard reveal in detail, Japan was dug in, and its people were willing to sacrifice to the last soul. They looked to Hirohito, high above Tokyo in the Imperial Palace, to harden their resolve. Even after the first atomic bomb struck Hiroshima, vaporizing thousands and debilitating even more citizens, the emperor refused to surrender. It’s important to remember that an American retreat would leave Asia under brutal control of Imperial Japan, much like eastern Europe was during Stalin’s reign. Therefore, a second, larger a-bomb descended upon the crucial industrial port of Nagasaki. Even off-target, it struck a devastating blow, which finally awakened Hirohito and his close advisors within their bunker beneath the palace. They soon surrendered, and the war was over. Again, make no mistake about it; the second atomic bomb was necessary. The emperor and his people by extension were that transfixed on war.

Another rumor that persists through time is that President Roosevelt lacked the will to use the atomic bomb, but nothing is further from the truth. Like most people, Roosevelt was tired of the bloodshed, but he died before the Manhattan Project produced a workable device. Shortly after Truman assumed power, one of the most secret scientific research projects fell into his lap. He had no idea that an a-bomb was being attempted, but now the power of the atom had been unleashed. Truman’s practicality soon won over, and he quickly moved to deploy the a-bomb, thereby changing the world forever. With either president at the helm, the a-bomb would have fallen on the nation of the rising sun. It was Japan’s rigidity and arrogance, just as much as American ingenuity and valor, that made this action inevitable.

While the American apologists will never stop twisting history to suit their ideology, Killing the Rising Sun is an honest and sober reiteration of the facts. It makes the case for dropping the atomic bomb without politicizing or deviating from the truth. With engaging prose and a gripping narrative, the authors humanize the Pacific conflict on both sides of the ocean by introducing individual tales from generals to foot soldiers, from scientists to civilians, from legends to the defeated. There is no mythology here. Certainly giant egos and even larger heroes traipse through each chapter, but these are real men struggling through Homeric moments in time. You’ll find yourself unable to put down the book until the end, and you’ll conclude that the decision to employ the a-bomb was more black and white than it appears through the muddled lens of time.

The book is an easy read, yet still contains the requisite footnotes and index to make it a suitable reference. It ends with a sentimental eulogy for O’Reilly’s father who was a veteran of the Pacific campaign. In addition, each living U.S. President was asked if using the a-bomb was the correct decision, and except for the sitting president, their thoughtful responses are included—and their conclusion is unanimous. As a work on the Pacific campaign, this book would make a better reference than many classroom texts. At the very least, it’s a must-tell story for a new generation.

RECOMMENDED by the US Review

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Three Things to Consider When Purchasing a Book Review

With hundreds of thousands of books published annually, marketing your book can be a daunting task. One of your choices will inevitably come down to whether or not to purchase a book review. Here are three major factors to consider:

Professional Writing – A number of aspects go into a professionally written review. First, is the staff populated by professionals? This seems obvious, but many review sites are writer mills, allowing virtually anyone who is interested to pen a review. Other review sites barely compose a staff. These are mom and pop shops that tend to hang an Internet shingle for business, purport authority, and write reviews on their own. These are not professionals at work, no matter how slick or jazzy their websites appear. Look at the publication’s staff page, if it even has one. Are there more than a handful of writers? Be suspicious of a publication that refuses to reveal its reviewers’ names. The byline credit is a basic courtesy given to a professional freelancer, and virtually none would work without obtaining a byline for their portfolio. Second, is the review publication consistent across the masthead? A professional review publication has guidelines and an editor who keeps its staff and articles in line. Each review should have consistency, generating both authority and confidence in the publication. Third, does the reviewer address both the book content and the writing? Any sixth-grader can write a book summary, but a professional will critique a book through informed commentary that also addresses the writing itself. If the review narratives appear summary-driven, conversational, or employ a first-person tense, these are not professional writers at work.

Authentic Readership – Are there dedicated subscribers, visitors, and followers of the review publication? A professional review means nothing if no one reads the publication. Weekly, monthly, and annual visitors are metrics that can be easily measured (and provided to the author). Does the publication have a subscriber base? If not (or if it’s insignificant), the publication cannot assert relevance for its work. And if the publication merely dumps its reviews on an on-line aggregator (that next to no one reads), it will not be of any service to the author. Next, validate the publication’s social media following with one of the free analytical tools, such as TwitterAudit for Twitter followers and LikeAnalyzer for Facebook likes. Here’s a dirty little secret about the industry: Many review publications are purchasing Twitter and Facebook followers to create the illusion of having a large audience, when in fact it is only a fraction of what it appears to be. This is useless to the author, as well as unethical on the part of the publication. See our article on this subject: Fake Social Media: More Common Than You Think.

Cost-Effectiveness – Most authors’ budgets are limited, and spending hundreds of dollars for a book review is not acceptable. Often these reviews are no better than that which you can obtain from a free book review site like The Midwest Book Review, which ranges from good, semi-professional coverage to amateur reviews. A professional book review can be obtained for less than one hundred dollars, but be certain to closely examine the publication’s writing and readership in advance.

Warning: If the publication or its editors are up-selling manuscript editing services or the like, you have to ask: What business are they really in? Are they a review publication, or are they a money-milking operation? The work of an editor and the work of a reviewer should never cross paths. An editor ensures quality, and a reviewer measures it. When the reviewer and editor become one entity, integrity flies out the window. (Hmmm… let us review the wonderful manuscript we just helped you edit… hmmm… not very trustworthy.)

Deciding to purchase a book review can be an effective tool when marketing a book. It can provide pull-quotes for marketing and stock materials for a media kit and press releases. It can even seed eventual sales. Remember, a book review is only the beginning of the conversation about the book. Read this article on creating a feedback loop to help kick-start your marketing efforts.

The US Review of Books is a professional review publication sent to more than 15,000 monthly subscribers, including thousands of additional followers on GoodReads, Facebook, and Twitter. The US Review is staffed by professionals and is highly praised by authors.

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Beauty is a Wound

by Eka Kurniawan
New Directions Publishing

reviewed by Christopher Klim

“One afternoon on a weekend in March, Dewi Ayu rose from her grave after being dead twenty-one years.”

Kurniawan’s poignant and at times rollicking novel covers a century of Indonesian history from the death throes of Dutch rule, through the Japanese invasion during World War II, and into the nation’s late-century struggle for independence. Centering on the fictional shore town of Halimunda, the story covers the exploits and trials of Dewi Ayu and her four daughters, each sired by a different father during critical points of her life. These are strong if not capricious women who are self-determined and at times reckless in their path through time. They form unique characters who are ultimately metaphors for the primary facets of modern Indonesian history and its struggle to enter the twenty-first century.

Dewi Ayu, who is part Dutch by blood, sees her status fall as the Europeans evacuate during World War II. After enduring Japanese imprisonment, she is pressed into service as a comfort women—a crime against humanity that the Japanese remain unapologetic for. Ironically she reverses this fortune by becoming the most famous and sought-after prostitute in all the land.

In time, Dewi Ayu’s oldest three daughters marry a head of the military, the most feared criminal in town, and a leading socialist activist respectively. As much as they must witness their husbands’ wrath on Halimunda, each daughter, like their mother, experiences unimaginable cruelty, as well as a unique reconciliation with love. For these women, beauty is both a weapon and a burden that costs them more than they deserve. The suffering of these exotic, compelling mixed-blood women summons their ability to overcome extreme circumstance in a way that only a woman can.

Turning the tables on the exploitation of what we hold dear in our eyes, Dewi Ayu’s youngest daughter forms a hideous sight by any standard. She is shunned by her community and mockingly named Beauty by her own mother who abandons her by dying shortly after her birth. Through the girl Beauty and the events to which all the women are exposed, author Kurniawan indicts the inhumanity against man brought by foreign occupation and the ensuing fight for independence. Here, there is scarcely anyone either not guilty or a victim of violence and a lust for power. Too often, less developed nations are dragged into the future by the worst men have to offer.

Like the intergenerational curse that lords over the family, much of this tale is tragic. However, it gains momentum and entertainment in its use of folklore, verisimilitude of setting, and spectacular storytelling that harkens the classic novel form. A hint of contemporary verbiage exists that may or may not have been introduced by Annie Tucker’s clean and consistent translation. The writing is markedly mature by achieving both broad palette concepts and distinct character details at the same time. This is a large novel about a country and a handful of interesting people delivered by an interesting new author on the English-speaking scene.

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The Book Killers: Unfocused Openings

In this ongoing series, Christopher Klim, author and senior editor of the US Review of Books, takes a look at common errors that undermine books.

Whether you are a commercial mystery writer or a high-art literary prose specialist, very few people will stay with a book if the opening chapter does not deliver a clear message. With the growing availability of media venues, the competition for people’s attention has never been greater. Even with books, the most successful entertainment or information offerings seize our attention from the outset. Here are some factors to consider when planning, drafting, and revising your opening:

Engagement

As emerging writers, we are told to create action or drama at the opening of our stories. Nonfiction writers, especially biographers, often foreshadow a significant event in their subject’s life, while fiction writers do the same by cherry-picking a critical point on the timeline, but this is not always practical. In general, reader engagement arises by presenting an aspect of the story that generates keen interest. For example, it could be humor or tension that is exemplary of the entire book. The biggest mistake is presenting large amounts of backstory or introductory information at the start. Another version of this misstep is beginning too soon on the timeline. Both of these approaches throw water on the spark of the story. This set up information can be folded into the story at a later time or even removed altogether. In modern times, think about eliminating chapters that begin with the words Foreword, Introduction, Prologue, and Preface—or even Epilogue for that matter because they sap energy from the book. Many readers receive these appendages like homework and skip them to get to the meat of the book.

Mission

A book should have a clearly defined purpose, otherwise it’s just a long and wandering diatribe. A nonfiction book has a thesis, while a work of fiction has a story question. Don’t let any fine writing teacher talk you out of this essential element of a book. All art from poetry to painting has a point. When it’s focused—because its creator knows precisely what it is—the reader or viewer becomes involved with the piece. The writer who says “I write to discover what the story’s about” should be pushed down a flight of stairs. This statement is disingenuous and impractical. While writers discover aspects of and hone down a story during its development, there comes a time when the writer makes a firm commitment to the mission of the book and then goes about amplifying it. A smart writer makes it clear in the opening pages and sometimes even the title.

Presentation

Book openings are like a first date. The writer features what he does well and goes to it often during the course of his relationship with the reader. If the opening is phony, disorganized, or confusing, the reader will never get to the next chapter, and a match made in heaven has been squandered. Quickly establish as many of the following items as possible: the predominant point of view used, the main character(s), the typical setting, and the sequencing. While these aspects help authenticate the story, the latter involves the structure of the book. If the book darts back and forth through time, events, and/or characters, it’s critical to present a pattern from the start. As a result, your story organization will become a silent rhythm in the reader’s mind.

Tone

The tone of the story involves everything from word choice, to sentence structure, to the overall attitude of the narrative and characters. Most stories form a conundrum that ranges from solving a mystery to battling the internal complexities of the human spirit. This can be presented on a scale from terrifying to hilarious. Even if the story tone shifts for dramatic effect, the main tone should be delivered at the start. If the story is a romance, then it’s the longing of the heart. If it’s an intense mystery, then it’s a mangled corpse. If it’s an enduring quest, then the journey’s gauntlet must be cast down.

Epilogue

It’s a self-indulgent or inexperienced writer who does not recognize the trend to immediately engage the reader. In fact, it isn’t a trend, but a well-established precept of successful writing. If you are currently writing to figure out what the story is about or where the story begins, then stop! Park your pen and take a moment to do some sketching and outlining before you draft another word. Ask your characters why they’ve entered the room and what they want from the story. If they can’t tell you, then they either need to leave or you need to get to know them better before pushing them along their story line. Once you know their stories and what they want, find the first worst moment on their timeline and begin the story right there.

Previously in The Book Killers series: Stilted Writing 

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Fake Social Media: More Common Than You Think

Since we last discussed the issue of fake social media followings, some of our competitors have gotten even worse, falling into the 50% to 90% fake follower and friend range on Twitter and Facebook. On the surface, this seems harmless. Unfortunately they often sell marketing outreach as part of their services, and if the majority of their social media following is either purchased or inactive, they may be perpetrating a fraud, which is both unethical and illegal. And if a company is willing to promote a fake social media base, how else might they be deceiving their clients?

See our earlier article on why you should never use a fake social media following.

Fake social media followings are primarily composed of dummy accounts in non-English-speaking nations. These will do absolutely nothing to promote your business. Both Twitter and Facebook are well aware of the problem and attempt to crack down on the practice, but they simply cannot keep up with the pace of people who either sell or buy social media followings. Even the highest ranking people in the nation employ some level of fake social media.

Here are easy ways to spot a useless social media following:

Analyze the Account – A number of free tools are available, such a TwitterAudit for Twitter accounts and LikeAnalyzer for Facebook pages, that will provide measurements of fake social media followers. There are many other free options on the Internet. Try a few. You will be astounded by the results produced by some of your favorite companies, celebrities, and service providers.

Unbalanced Following-to-Follower Ratio – Twitter is built on reciprocity, which means that most of the people who follow you are followed back in return by you. The same goes for “likes” on Facebook, although this is much more difficult to track. Since Twitter is superior for marketing (i.e. Facebook is superior for customer interaction), check the following-to-follower ratio of a prospective business. A healthy Twitter account has about an 80% or better following-to-follower ratio. This means that the account is following almost as many people who follow the account. If you see many followers and few accounts followed in return, look closer at what this person or account is doing.

Few Number of Impressions or Reaches – Twitter activity is often gauged by the number of impressions a post garners, while Facebook is measured by the number of people reached. Often this data is internal to the account holder, but there are a number of aftermarket metrics to determine these values. Another way to gauge social media viability is through the number of likes and retweets on Twitter and the number of likes and shares on Facebook, although these speak more to furthering outreach than relevance to their initial social media base.

The questionable practice of employing a fake social media following falls into the “snake oil” category, recalling the days when charlatans circled the country with magic elixirs that claimed to cure all ills. The Internet is proving to be more like the Wild West than we ever knew. Hiring a fake social media following can be more than a waste of time. It can be dangerous to your limited marketing budget, and it puts into question everything the account holder does as a company.

See why the US Review of Books is different than many other review publications.

Five tips to help with research and note taking

Research is essential to even works of fiction. Here are some basic suggestions for a working researcher:

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These are some general tips that I have found useful when researching.

1) Buy or borrow the hardback versions of books where possible. Their spines are more forgiving, and are easier to leave open. This is especially useful for comparing texts and translations.

2) Use mini indexing sticky notes/ post-its to mark important passages in books. When you write up your notes you can then review whether you really need to write them down. I recommend reading the book all the way through first as sometimes you can come across a more useful passage later on.

3) With Kindle books take advantage of the highlighting system. You can take the notes from ‘My Clippings’ and create a new document, then review and edit as you see fit. Save the new document and print off.

4) If you have the book or article at home don’t tell yourself you have a…

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