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  • negotiating contracts for published and unpublished works,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.

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.

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 Writing Passion… Obsession

We are told that obsession is wrong. However for any artist, their craft is an obsession. We split our thoughts between the task at hand and our projects in waiting. We search for channels of inspiration even within the mundane. We passionately revise and rework. Time spent working can be absorbing and rewarding, while time spent away from our art can be breathless. Long droughts away from work transform life into a spiritual desert. For most artists, everyday life forms the gaps between creating the new.

“You become what you think about all day long.” -Ralph Waldo Emerson

The question of whether or not you will write is not one of “if” but a question of “when.” Dedicated writers offer their best hours to their craft. For many, this is the morning hours after the soul of the artist emerges from its nighttime meditation. Throughout the centuries, great minds have cultivated a habit of pondering questions prior to sleep, often awaking with viable solutions. Sculptures, songs, and stories can be structured in this way. Rare connections can be achieved with the constant mulling through the woods of disparate ideas.

“Even when I’m dead, I’ll swim through the Earth, like a mermaid of the soil, just to be next to your bones.”  -Jeffrey McDaniel

When these connections are made, they are not only unique; they are universal. They strike a person’s soul in the way truth satisfies the mind. It resolves. It lingers. It is the most an artist can ask for, and it calls upon all of the writer’s best energies.

“I would like to be the air that inhabits you for a moment only. I would like to be that unnoticed and that necessary.” -­Margaret Atwood

Being obsessed with your writing is not only good; it is required. A half-hearted effort can get an artist through the laundry, dinner, and most tasks at their day job, but writing requires every resource at optimum speed.

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 

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.