The Legacy of You: Writing & Publishing Books
Every now and then, I’ll get a request for legal advice for writers that I don’t know the answer to — but I love learning! When I was completing my BA in English, I was a copywriter at a local attorney’s office, so I learned a few things about legalese. And after nearly 14 years as a freelance writer and editor, I’ve learned a few things about the publishing business and the legal side of writing and publishing books. I don’t think I can answer all the questions in a single blog post, but today, I’d like to try to hit the highlights and explain a bit about copyright, intellectual property, and estate planning for authors.
Disclaimer: Seek Specific Legal Advice for Writers in Your State or Country
While this blog will discuss some general legal aspects to consider as a published author and in the industries of writing and publishing books in general, I am not a legal expert. IP law is complex and can vary by location and other factors. I advise you to seek specific legal advice from a professional for your particular situation.
The Basics: Copyright Laws & Intellectual Property
You worked hard on your writing, your craft, and you should feel a bit protective of it. Because you created it, you own the “copyright” on it. Because it is not a tangible item–it’s an artistic creation born of your intellect–it’s known as “intellectual property” or IP, for short.
Like any other property, your writing–both published and nonpublished books and all rights associated with them–can be legally protected, passed on/inherited, gifted, insured, taxed, and all those other things that come along with legal properties. You likely do a pretty good job of managing this during your lifetime, but we’re here to answer some basic questions about how your writing fits into your personal estate and post-life legacy.
Copyright Laws
First, a few basics about US copyright laws that you should know if you’re writing and publishing books. When you wrote your document, the copyright was automatically granted to you. So whether or not you ever registered your book with the US Copyright Office, you own the copyright. Registering your book does give you extra legal benefits and protections, so go ahead and visit the Copyright Office website and do that first.
Generally, copyright protection lasts throughout the creator’s life and for 70 years after their death. At that point, your book will enter the public domain, meaning that anyone can use it without permission. During those 70 years, the copyright can be managed by someone you trust, who can benefit in many ways from holding that copyrighted property.
Access to Your Digital Materials & Archive
It’s important to think ahead about putting together all your IPs into a single organized system. If you’re not the most organized, ask for help! There are a number of legal or publishing business consultants and coaches who can help you not only compile the appropriate paperwork, but they can help you organize your digital assets too.
The intellectual property associated with your book isn’t just limited to the final print or e-book version, after all! The IP includes your unpublished materials such as notes, rough drafts, correspondence, and literary archives (aka, your scrap heaps). All those random items on your computer or stored in the cloud.
If organizing all that seems like a daunting task, don’t panic. At the very least, make sure that you specify in your estate documents who should manage your unpublished materials or have access to your computer or cloud storage. Compile all your passwords and give them to the appropriate person or include them in the estate document. It’s the digital version of not organizing boxes of items in your home but giving the right person a key: they have access to rummage through and find what’s useful when the time comes.
Succession Rights
Authors should consider how their literary works will be managed and maintained after their life has ended. This may involve appointing a literary executor responsible for overseeing the publication, licensing, and adaptations of your works. Clearly defining the terms of this role in the estate plan is crucial to ensure a seamless ownership transition. If you clearly outline how your property should be legally distributed, your inheritors will be set up to continue enjoying royalties and residuals for any ongoing or unfinished projects, posthumous publications, and future interests in your work.
More than Authorship in a Self-Publishing Business
Self-publishing includes both writing and publishing books, which means that it’s more than just authorship and copyright protection to be concerned with as part of an estate; there’s a whole publishing business to consider.
Tax Advice for Writers Who Self-Publish
Tax laws can get complicated quickly, so American authors should familiarize themselves both with the federal estate tax system as well as any state systems such as probate that could affect their business of writing and publishing books. Additionally, you want to make it as easy as possible for the person who inherits your business to access all necessary tax documents and manage your business’ taxes. When assembling your estate paperwork, be sure to include your most recent tax filing as well as any passwords and login information to digital assets such as accounting software or contact information for tax consultants.
Royalties & Residuals
If you set up a publishing business for your own self-published materials, your work can continue to sell and generate income after your death; make it easy for your inheritors to continue running that business and carrying on your legacy. If your publishing business also publishes and represents work by other authors, the best advice for writers says to definitely consult a reputable business lawyer who can both help your business’ inheritor access and manage all your own assets while also protecting and doing right by the authors whom your business publishes.
Licensing, Permissions, & Translations
Your work is automatically copyright protected and recognized as your intellectual property in the language and medium in which you published it. For example, if you’re writing and publishing books in English that are distributed in the US. But what if, in the future, a publisher wants to translate it to other languages and distribute it in other countries or new markets? What if, after your death, someone wants to turn your book into a movie or a TV show?
Make sure you consider long-term and alternate uses for your IP beyond what you did during your life. Include your thoughts about what should be done in those scenarios in the instructions for your inheritors! Of course, if the executor is familiar with licensing, permissions, and international copyright, that is wonderful, but if not, provide in your instructions some basic resources that might be helpful to the future executor of your estate.
Other Publishing Business Items to Consider
Charity
If your business has been involved in a charity during your lifetime, you can include instructions to continue that connection and your support for causes you love as part of your estate. For example, you might leave instructions that a certain percentage of royalties is donated to a specific organization. Or, you might want to establish a charitable trust as part of your estate. Your business and your art can continue to support the causes you loved through legacy donations.
Bottom Line Advice for Writers: Don't Wait, Draft Your Will
Update Your Will Regularly
Like many other things in life, your Will isn’t a one-and-done item. Update your Will whenever a substantial change happens with one of your IPs, your business structure, your overall financial situation, or with one of the people whom you’ve named as inheritor. Some legal professionals suggest updating your Will every five years; if you publish more than one book per year, I might suggest updating it every year when you file your tax return.
Talk to Your Beneficiaries & Executors
Don’t surprise whomever you are going to name as the inheritor for your IP and your publishing business. In the middle of a period of grief, your inheritor may not be in the right headspace to learn about and manage your writing and publishing. Books that are already published may be neglected, and opportunities to publish new materials can be missed.
Instead – and this is excellent advice for writers but for anyone, really, even if it is difficult – you want to have a serious and thorough conversation about your estate with the person (or people) you’ll name as inheritors. Talk with them about your intentions and your concerns. Give them a chance to ask questions. Clear communication can prevent a ton of hassles and mistakes when the time comes, and even if it becomes a bit emotional, it is well worth the person being prepared to handle any financial obligations or enjoy the benefits associated with the hard work of writing and publishing books that you did in your lifetime.
Last Piece of Advice for Writers: Think Long-Term
Seventy years is a long time. In 70 years, your IPs could reach three whole new generations of fans, be translated into countless other languages, reach global fame, and become the basis for stage plays, graphic novels, or other media you never thought about during your life. Whether you’ve gone through a traditional publishing business or self-published your own works and established your own business entity, there’s great, easily accessible legal advice for writers to make it as easy as possible for their IPs to live on vibrantly and lucratively for those seven decades. (For an excellent article that inspired me to write this blog post, visit this article at selfpublishingadvice.org!) You want to make it easy for your loved ones to benefit from your hard work! When you put together your estate and wishes for your IPs, dream big. You never know what might happen with your work in the future.
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