[WSBAPT] Literary executor

[Philip N. Jones]

I vote with Diane.  Sometimes authors appoint a long-term “executor” (trustee) to deal with long-term copyright contracts.
Most publishing contracts call for the copyright to be registered in the name of the author, but assigned to the publisher for as long as the publisher keeps the book in print, which hopefully will be a long time.  If the publisher ever lets the book go out of print for six months or more, the rights can be reclaimed by the author.  Or his/her literary executor.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 – office
(503) 853-1482 – cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Friday, May 12, 2023 8:24 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Literary executor

Jennifer,

I don’t think appointing a “literary executor” is appropriate per se.  I can’t imagine the court clerk here personalizing the Letters to limited tasks. Your idea to allow directions to the PR is good put the better approach, in my humble opinion, is to put those rights into an RLT and have the person they want be in control after death be successor Trustee.  This would also be beneficial for estate closing if those rights somehow expand over time to be dealt with – the proverbial 2 cents 😉

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jennifer Johnson
Sent: Friday, May 12, 2023 8:14 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Literary executor

Good morning all,

I am preparing a Will for an author...his prior Will appoints a personal representative, and also a literary executor to deal with matters regarding copyrights, royalties, etc.

Is it necessary to appoint a literary executor?  Can I just nominate one personal representative and include some language regarding the intellectual property in a PR powers provision?

I appreciate your time and insight!

Thank you, Jennifer

Jennifer M. Johnson
Title Officer | Attorney
Wahkiakum Title & Escrow Co.
Hanigan Law Office, PS
68 Main Street / P.O. Box 39
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)
www.wahtitle.com<http://www.wahtitle.com/>

CONFIDENTIALITY NOTICE:  THIS EMAIL IS INTENDED TO BE A CONFIDENTIAL AND PRIVILEGED ATTORNEY-CLIENT COMMUNICATION.  IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS EMAIL, PLEASE DO NOT READ OR PRINT IT.  This transmission is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  You are hereby notified that any dissemination, distribution, or  duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited.  If your receipt of this transmission is in error, please notify the sender immediately by calling 360.795.3494, or by reply to this transmission, and then permanently delete the message.

DISCLAIMER NOTICE:  Email communication on the internet is NOT secure.  There is a risk that this communication may be intercepted illegally, waiving any implied or explicit attorney-client or work-product privileges.


Sent with Proton Mail<https://proton.me/> secure email.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230515/0617fdc7/attachment.html>