Your Literary Estate, Part Two: Managing Your Work

When you pass from this life, your literary executor will be hard at work. (see Your Literary Estate, Part One: Assigning a Literary Executor) A literary executor with full power will manage your work for the benefit of your heirs and receive some form of payment as a result. Some of your literary executor’s duties will include

  • overseeing existing work and contracts,
  • negotiating contracts for published and unpublished works,
  • perhaps canceling contracts or activating contract options,
  • managing your letters and papers, including perhaps disposing of portions,
  • filing the proper papers regarding rights and copyright,
  • evaluating your literary estate for various assessment purposes, and
  • assigning a successor to his duties if he/she cannot perform them.

Your literary executor will not have control of your work’s copyright (i.e. ownership). That will belong to your heirs. However, a literary executor with full power will not have to consult your heirs during negotiation of those rights. If you do not want your literary executor to manage certain work or have specific powers, including exclusive negotiation rights or the assignment of a successor, these aspects should be specifically outlined in the document that assigns your literary executor. One compromise is to have your literary executor act as an experienced advisor to your heirs, consulting with them on all decisions and then implementing agreed upon terms.

Assigning a literary executor is not all about contract negotiation and oversight. It also involves handling your literary papers and letters. Robert Gover had told me that some of his manuscripts and letters were already stored at the Boston University’s Howard Gotlieb Archival Research Center, and so it made sense to move his remaining papers to that institute—a process that took over a year to bring to fruition. Otherwise, I would have had to locate a respectful archive for his papers.

For the Eric Hoffer estate, his papers had already been stored at the Hoover Institute, but with regular rights inquiries, it was important to have access to existing contracts in order to help avoid copyright conflicts. I began collecting contracts before his initial heir died. (I was not there when Hoffer died, but brought on by his initial heir.) Obtaining copies of existing contracts is a protracted process. In my experience, publishers will be intentionally unhelpful. They have a long history of hiding royalties from authors, as well as assuming rights that they had never obtained. Make sure your literary executor knows everything you do, so he/she can make the best decisions. Slapping a firm letter on a publisher with the power of an informed literary executor is better on any day than filing a lawsuit. The big publishers will out-wait and out-lawyer you every time.

Unless something unusual happens like a late surge in the popularity of your work, managing your literary estate requires the most work immediately following your death. First, there are your papers to deal with. Also, your literary executor might be called upon to assess the value of your literary estate. During probate or later financial inquiries, your literary estate might be measured regarding worth and potential earnings.

Perhaps one of the most important factors of managing your literary estate is maintaining the integrity and control of your work. Try to have your literary executor understand you and your work as much as possible, and inform your literary executor as much in advance about your literary state of affairs. Provide copies of all literary contracts and letters of concern. Specify where you want your papers stored and when they can be viewed by family and the public. (Sometimes a hold on access for a period after your death is appropriate.)

Your literary executor might even have to destroy portions of your papers in order to preserve your legacy. If you trust your literary executor, and you should, give him/her that right. He/She will be looking out for you in your absence. As authors, we sometimes hold onto early, inferior manuscripts that we should have burned a long time before our passing. Do you think Emily Dickinson wishes she had a literary executor who might have destroyed the so-so novel of a legendary poet and kept it from being published? From what I’ve learned about her demanding and independent personality, I would guess the answer is yes.

Considering the effort that might be in store for your literary executor, a 10% to 20% payment on royalties is reasonable. (Again, your state laws may limit/specify executor payments.) Your literary executor likely will be doing all of the work, while your heirs cash checks. For Gover, I do it as a labor of love. For the Hoffer estate, I field regular rights and usage inquiries that must be investigated, negotiated, and perhaps declined. It is a nontrivial effort, which the earnings percentage that I receive helps salve.

As I write this article, I realize that I have not yet considered my own literary executor. I have published several books and scripts, and there are various contracts, royalties, and projects in the works at stake. Furthermore, I have specific desires about how I’d like my work to be managed in perpetuity, and I also need to consider the succession for the literary estates that I handle. While I hope to be around for some time yet, I plan on lining up my literary executor and successors well in advance. Many of those people are already obvious to me. I imagine your potential literary executor will be obvious to you. Don’t wait too long. Solidify your literary legacy now.

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.

Know What You Write

Every once in a while the following advice pops up in blogs and at writers’ conferences like a bad rash.

Write what you know.

What uninspired genius devised this rule? It wasn’t a writer of fiction. If authors heeded those words, the balance of modern literature might encompass little more than travel logs, odes to typewriters and keyboards, and tours of every gin mill in the country. Let’s face it. We don’t do much else. Tom Clancy was an insurance salesman. That would make a gripping action-packed thriller: Broker Bob Jones is hot on the trail of client Donna Smith. Can he get her to sign a life insurance policy before the monthly quota statements?

Consider the authors of great novels. Was Tom Clancy a Russian submarine commander? Was Thomas Harris a genius cannibal? Was Ralph Ellison an invisible man? I don’t think so, but they did the research and wrote from those viewpoints with confidence and style. It is better to say ‘know what you write.’ That makes more sense.

When it comes to choosing your story details, you are only limited by research and the depth of your determination to uncover the details. What interests you? Go after it. Submerse yourself if necessary. We live in the Information Age with access to people and data like never before. It’s so easy that you can become lazy if you aren’t careful.

And how do you research being an invisible man? Observe anyone handing out flyers on a street corner.

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—and his control system for each will be firmly established.

When Writing, Know Your Control System

Like the cockpit of the space shuttle or even the thermostat in your residence, a written piece has specific parameters to guide it successfully. If a cockpit needs airspeed and attitude controls to maintain flight, then a written piece requires unique methodology to garner truth. Not only does the terminology need to be established, it also needs to be consistent and replete throughout the piece. Careless, mixed, or wandering terminology undermines the entire work.

The concept of a control system in writing inevitably drills down to word choice. A writer must be aware of the words, phrasing, and cadence associated with a specific passage, as well as the entire piece. If the passage involves quick action or comedy, the sentence structure tends to be short, even blunt. If the scene takes place inside a military installation, acronyms will flow through both the dialogue and exposition. If the scene takes place in history, the words selected will match the time period.

Consider the following passage from a prehistoric age genre novel: The clan leader leapt from the bushes and came down upon the beast like a bus at rush hour. This type of metaphor happens more often than one might imagine and in subtle, less obvious ways. When digesting the aforementioned sentence, the reader understands that the clan leader was moving quickly and heavily upon the beast, but the reader is also jarred from the time period by the writer’s unfortunate out-of-time-period metaphor. If the clan leader were waiting for a bus at rush hour, he’d be waiting a very long time.

The control system selected for a piece will be pervasive, extending beyond the obvious passages. One of the joys of reading is to enter the mind of the characters on the page. If that character is a professional diver, his/her actions and viewpoint on life will be reflective of the sea and perhaps the constant dangers he’s exposed to. Even in relationships with others, that character will measure people against what he knows—brooding dark waters, a relentless shark, or the fanciful circus of a coral reef—otherwise that character will be acting out of his/her own control system. Even if that character is a mad, unpredictable genius, he will be guided, and therefore described, by a specific set of parameters using the precise words to delineate his actions or speech. And all of this will be moderated by the overarching terminology of the entire work.

Establishing and employing the proper control system establishes both authenticity and confidence in writing, and it requires a level of detail that many journeyman writers either overlook or fail to do the research and editing required. Study any master writer—a real master writer, not a self-proclaimed master bestseller on the Internet—and uncover the details of the control system established for a specific work. Once you’ve put in the effort, you’ll find yourself reaching for the correct dialogue and descriptions that fit the piece.

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—and his control system for each will be firmly established.

 

 

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 

In Defense of the Comma

While recently speaking with a fellow author, we commiserated about the lackadaisical syntax employed by many so-called professional writers. One glaring error was the misuse of commas when employing clauses or phrases. These writers have forgotten a basic principle of writing: A writer writes for someone else to receive a facsimile of the original meaning.

Many aspects go into building a cogent sentence, but the comma supplies proper syntax and meaning. When the meaning is vague or the reader must double-back to interpret a sentence, the writer has failed as a communicator. For example, the following sentence can be interpreted in a variety of ways.

When the shipment approaches westward transportation vehicles will execute directives providing increased security and necessary functions as mandated by headquarters.

Let’s employ commas in different configurations to see how the meaning changes.

When the shipment approaches, westward transportation vehicles will execute directives providing increased security and necessary functions as mandated by headquarters. [1]

When the shipment approaches westward, transportation vehicles will execute directives providing increased security and necessary functions as mandated by headquarters. [2]

When the shipment approaches westward transportation, vehicles will execute directives providing increased security and necessary functions as mandated by headquarters. [3]

When the shipment approaches westward, transportation vehicles will execute directives providing increased security and necessary functions as mandated by headquarters. [4]

When the shipment approaches westward, transportation vehicles will execute directives, providing increased security and necessary functions as mandated by headquarters. [5]

When the shipment approaches westward, transportation vehicles will execute directives, providing increased security, and necessary functions as mandated by headquarters. [6]

When the shipment approaches westward, transportation vehicles will execute directives providing increased security and necessary functions, as mandated by headquarters. [7]

[1] Suggests only an approaching shipment.

[2] Suggests a shipment approaching in a westward direction.

[3] Suggests a shipment approaching westward moving or positioned transportation.

[4] Suggests transportation will execute only the directives that provide increased security and necessary functions.

[5] Suggests directives will provide increased security and necessary functions.

[6] Suggests directives will provide increased security and that necessary functions were mandated by headquarters.

[7] Suggests directives and functions were both mandated by headquarters.

When proofing your work, it’s a good idea to consider the eventual reader and if he or she will receive the intended meaning. The reader will not be able to ask questions and shouldn’t have to. Precise meaning, wrought through proper syntax, builds confidence in the reader and a superior reputation as a professional.

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.

Choosing the Writer’s Subject

It’s a fact that an author tends to write about only two or three subjects during their career. No matter how veiled or reinterpreted the narrative, an author will continue to converge on the same concepts.

In a recent review of Milan Kundera’s The Festival of Insignificance , I discovered yet again his references to the old Cold War Communist Party. Kundera is an escapee from Iron Curtain Czechoslovakia, but has been a longtime resident of free Paris. Meanwhile, his communist party collapsed decades ago and has reformulated twice into its present day pseudo-dictatorship under Vladimir Putin, but Kundera is still fascinated with old-Communist thinking. In contrast, he’s also writes about the smallness of life, sourcing various tributaries in each literary venture as well.  It’s another consistent theme for the author. At 86 years of age after an illustrious career, he probably isn’t going to dip his literary spade into fresh soil.

A writer will never be condemned for his choice of subject matter (or at least he shouldn’t be), but he will be admonished (or at least ignored) for not being focused on it. He uses all of his literary strength to dig at the root of his subject, helping to bring it to light for the reader. Like a painter, an author will present her subject, depending on her particular style, in a range from the absurdly surreal to the cuttingly real. This presentation often determines the desired emotion or effect of the material, but nevertheless the author has not strayed from her core subject matter. Kundera has used various forms, from magical realism to straight storytelling to evoke the dehumanization of communism and the horror of man’s inhumanity against man.

What the author chooses to write about isn’t always a conscious decision. It’s akin to understanding the self. While a student, Kundera was rumored to have been an informant to the Czech secret police, but later escaped to the west and became an outspoken agent against communism. The author has refused these allegations, but they persist with credible testimony  exposed during the fall of the Soviet Union. In regard to Kundera the author, it is easy to see how this potential change of conscience (or at least the oppression of living within a communist system) might become a driving force inside his literary expression.

Kundera is a singular example of how great authors circle around a mere handful of concepts during their lifetimes. Research your favorite authors to see not only how each draw from place and experience as subject matter, but to recognize your own core concepts through your attraction to theirs.

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.

The Art and Necessity of Writing Longhand

Publishing barriers have collapsed, and most of the stigma of self-publishing has been erased. Even the act of writing has become easier. The personal computer, which helped launch the Information Age, allows for the accelerated gathering and storing of information. A writer can compose a book for publication in months or even weeks.

I shuddered when a bestselling author in the mid-twentieth century described penciling-in changes on typewritten pages and then retyping each page for the publisher whenever necessary. Moreover, the initial draft was probably written in longhand. The time and labor involved in composing a book had once taken years, but the finished product was undeniably a solid manuscript. Today, the wonderful tools that help a writer to type, revise, and copyedit a manuscript in a fraction of the time have produced the most rushed prose known to human history.

Hardly anyone wants to write an entire draft in longhand or return to the typewriter days, but how can the thoughtfulness of the past be recaptured in a modern manuscript? For books and feature-length articles, it helps to keep a written journal that contains both research and narrative fragments at the very least. While there are many approaches to journaling, let’s take a look at few at its benefits.

A journal is a file cabinet for research. As information is gathered, even for works of fiction, it is difficult to know what will be used in the final manuscript, but it is certain that most of it will not. A journal guarantees that the right information will be saved.

The writer’s notebook holds ideas for the outline, narrative, or plot. During the initial draft, it is difficult to know the correct direct of a longer work. Even if a faulty path is taken, better options might be saved within a journal for subsequent revisions.

A journal provides time for burning off emotional energy in a place separate from the first draft. Emotions are not logic, and even works of fiction require sound construction. While emotional prose resonates on the page, false narratives compromise the entire book. Giving emotions time to settle in a journal allows the writer to cull authenticity from the feelings.

The mere act of writing adds a physical dimension, which extends back to the collapse of the Third Ming Dynasty when the first writers were born from unemployed scribes. This is our legacy and should never be forgotten. It takes much longer to write on paper than banging words into a computer. As a result, computer drafts are often flabby and wandering, but when committing potential words to paper (words that are not so easily deleted), writers pause to consider the correct language and exact word choices. (If you are doubting the increased care and consideration that attends the act of writing, consider typing a birthday greeting for a friend inside an e-mail and then consider writing it inside a card to be mailed.)

Author Robert McPhee says it takes him three years to compose a book: one for research, another for organizing, and another for writing. Obviously a lot of thinking goes into each of his books, and it shows. He is an award-winning writer and multiple Pulitzer finalist. It clearly pays to consider thinking about your words more carefully by using a journal.

Christopher Klim is the senior editor of the US Review and the author of several books including True Surrealism and Idiot!. During a plane flight, he used a journal to outline and annotate this article.

Suggesting Readings: