Literary estate

The literary estate of a deceased author consists mainly of the copyright and other intellectual property rights of published works, including film, translation rights, original manuscripts of published work, unpublished or partially completed work, and papers of intrinsic literary interest such as correspondence or personal diaries and records. In academia, the German term Nachlass for the legacy of papers is often used.

A literary executor is a person acting on behalf of beneficiaries (e.g. family members, a designated charity, a research library or archive) under a deceased author's will. The executor is responsible for entering into contracts with publishers, collecting royalties, maintaining copyrights, and (where appropriate) arranging for the deposit of letters. According to Wills, Administration and Taxation: a practical guide (1990, UK)^[1] "A will may appoint different executors to deal with different parts of the estate. One example of this is the appointment of a literary executor to deal with literary effects [...]".

Since the literary estate is a legacy to the author's heirs, the management of it in financial terms is a responsibility of trust. The position of literary executor extends beyond the monetary aspect, though: appointment to such a position, perhaps informally, is often a matter of the author's choice during his or her lifetime.

If a sympathetic and understanding friend is in the position of literary executor, there can be conflict: what is to be managed is not just a portfolio of intellectual property but a posthumous reputation. Wishes of the deceased author may have been clearly expressed but are not always respected. Family members often express strong feelings about privacy of the dead. For example, biographical writing is likely to be of a quite different authority if it is carried out with access to private papers. The literary executor then becomes a gatekeeper.

• Asociación literaria y artística internacional
• Derechos de autor
• Lista de fondos
• Protección de derechos de autor para personajes de ficción
• Herencia digital
• Edgar Rice Burroughs, Inc.
• Klinger contra la sucesión de Conan Doyle, Ltd.
• Protección de los clásicos : Disposiciones sobre la legislación de derechos de autor en los países nórdicos. 
• Société Plon et autres contra Pierre Hugo et autres
• Suntrust Bank contra Houghton Mifflin Co.