tag:blogger.com,1999:blog-11291165.post518164432332172914..comments2024-03-28T02:00:11.260-05:00Comments on A Newbie's Guide to Publishing: Death and the Self-Pubbed WriterJA Konrathhttp://www.blogger.com/profile/08778324558755151986noreply@blogger.comBlogger43125tag:blogger.com,1999:blog-11291165.post-70463836694578058692016-04-15T16:54:10.904-05:002016-04-15T16:54:10.904-05:00I haven't read all the comments but I highly r...I haven't read all the comments but I highly recommend using a password manager like Last Pass. Then you only need to provide your master password with your will. Always make sure one trusted person has your master password anyway.Anonymoushttps://www.blogger.com/profile/04867881238643726638noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-9407354726366623372016-04-15T15:16:43.896-05:002016-04-15T15:16:43.896-05:00Legally, IP is like any other property. If you don...Legally, IP is like any other property. If you don't have a will--and a letter to your children is not, in most states, a will--executed with the proper legal formalities, the state will decide which of your heirs will get your property under state legislation. That property includes your IP. If you own a tractor and upon death, your children get your tractor, they may use it or let it sit and rot. It's theirs, and they have control over it If you want to make sure that they take care of the tractor and preserve it, you have to include provisions for this in a will. <br /><br />20 or 30 years ago, probate courts paid little attention to IP. Now that's changing. And what happens if you die without heirs? The state then takes your property. Do states have offices to manage escheated IP? You would think that at least New York and California would have such offices, but I've never heard of them. Post-mortem IP management sounds like a great niche for enterprising probate lawyers to fill. m.o.kanehttps://www.blogger.com/profile/18000971708371483547noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-2155326725957886932016-01-12T04:41:11.516-06:002016-01-12T04:41:11.516-06:00thanks again for all the information to Joe and ot...thanks again for all the information to Joe and others who provided the comments! very informative and helpful.Lola Smirnovahttp://lolasmirnova.com/best-novels-to-readnoreply@blogger.comtag:blogger.com,1999:blog-11291165.post-3293494284016433502014-01-05T07:01:07.220-06:002014-01-05T07:01:07.220-06:00Really like the way you've incorporated this d...Really like the way you've incorporated this discussion into your 2014 Resolutions for writers. We all must take care of such things and you are pointing the way. Thanks for all you do in reaching out to others in this often un-businesslike profession.Ryan L. Pettyhttps://www.blogger.com/profile/16801608138502357164noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-9549632446312470952014-01-04T08:07:38.723-06:002014-01-04T08:07:38.723-06:00Joe et. al.,
Thanks.
I don't think there's...Joe et. al.,<br />Thanks.<br />I don't think there's one simple answer but the comments of Bell, Mandelbaum, Kelley and Sapp reflect the seriousness of the situation.<br />What you've written is good, so far as it goes, but because you have each produced a critical mass (a non-hobbyist's body of work), your draft letter (even in conjunction with a fairly standard will) would be like the knife taken to the gun fight.<br />Serious estate planning is needed... or a mechanism to offload the IP... that transfers liquidated value to your heirs, etc., either ahead of time or upon your death.<br />And you may well want to solve the problem mentioned by Sapp... of possible incapacity during your lifetime.<br />In any event, I think you might expand the letter to include incapacity of projected long duration... and you might want to establish an annual review of the letter, updating it, perhaps as you review your annual business plan (if you have one). It's a good year-end or tax-time activity.<br />One not-unrelated thought that occurs is that there's a significant business opportunity to be developed and pursued to purchase IP from self-published authors and/or provide on-going self-publishing management services to authors.<br />I'll be publishing a book this spring (my first since 1981) and several more at close intervals (and in another land and time far, far, away, I'm a former attorney), so, though I don't have the current and substantial need you do, I've been thinking about this problem/challenge/opportunity. <br />I thank you and your colleagues for, again, providing leadership and will stick with you in future discussions of this topic.Ryan L. Pettyhttps://www.blogger.com/profile/16801608138502357164noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-88405487277211556692014-01-03T10:38:20.399-06:002014-01-03T10:38:20.399-06:00Excellent post and very important. I've been t...Excellent post and very important. I've been thinking about this, but not sure how to do it. One of my sons is my executor, but I want to get this into the will. I don't quite understand the living trust. Wonder if I should talk to an IP lawyer. There is a place I can go to where I can get questions answered --sponsored by an arts council. historywriterhttps://www.blogger.com/profile/07646517639758524668noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-1960557505421663002013-12-27T14:32:31.002-06:002013-12-27T14:32:31.002-06:00Not a topic that you really want to think about, b...Not a topic that you really want to think about, but you need to. If your work is going to continue to sell after your death it will need to be handled by someone that knows what they are doing and fulfills your wishes. Lee Druganhttp://www.bookmasters.com/noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-48558043468884007462013-12-08T10:33:43.618-06:002013-12-08T10:33:43.618-06:00Nothing could be less relevant just now, but I wil...Nothing could be less relevant just now, but I will tuck this one away. Who knows? I may one day have a literary legacy. And if I'm vouchsafed a window before the big sleep, I'll click on your post and follow directions. Barry Knisterhttp://bwknister.comnoreply@blogger.comtag:blogger.com,1999:blog-11291165.post-80850847885891543842013-12-07T10:49:00.344-06:002013-12-07T10:49:00.344-06:00There might be some other structures that relieve ...There might be some other structures that relieve your loved ones of dealing with day-to-day issues. Each of them would likely require an interested party, such as a literary agency for example, willing to be a party. I’m sure we all want our work to stay with our families, but there may be situations where this is not the case. My apologies if this has already been covered in part or in full.<br /><br />A “Buy-Sell Agreement”, where the agency buys an insurance policy on the author. The loved ones get a cash settlement and the agency takes over ownership of the intellectual property. This works well in businesses where loved ones don’t have the expertise or desire to run the business. <br /><br />Something like a “Viatical Settlement,” where a sick author sells their empire to someone like an agency. This frees the author from the day-to-day, gives them cash for medical or comfort, and they can pass on the cash to loved ones. Authors might consider giving power-of-attorney to someone to perform a structure like this should the author become disabled.<br />darrensapphttps://www.blogger.com/profile/08581857059248378439noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-21145631530768464092013-12-06T16:28:44.576-06:002013-12-06T16:28:44.576-06:00Wouldn't it be easier to set up an LLC with th...Wouldn't it be easier to set up an LLC with the 4 of you as members, your heirs as minor members, then when any of you die your units are split among your heirs? Because I'd imagine the first thing they'd ask the others when you die is, "can't you handle this for me?" David "TheToolWiz" Schwartzhttps://www.blogger.com/profile/14290909674478122972noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-53128921862260126122013-12-04T17:51:33.492-06:002013-12-04T17:51:33.492-06:00Agree with James Scott Bell--in the U.S. a living ...Agree with James Scott Bell--in the U.S. a living trust is important for those with intellectual property assets to have. Good points in this article.<br /><br />Now, all my heirs have to do is figure out how to access sites with passwords I can hardly remember myself :)Jan Moranhttp://www.janmoranwrites.comnoreply@blogger.comtag:blogger.com,1999:blog-11291165.post-48564094296656880502013-12-03T21:41:51.221-06:002013-12-03T21:41:51.221-06:00Ahem... I'm a lawyer, and I've been meanin...Ahem... I'm a lawyer, and I've been meaning to do this. I do have a savvy child who is interested in a literary career herself and will be the logical person to be involved. Thanks for the kick in the pants.<br /><br />And can you get me the name of the naked sex skydiving outfit? Just don't tell the paparazzi when I'm planning to do it. <br /><br />Perhaps that was a poor choice of words.Patrice Fitzgeraldhttp://www.patricefitzgerald.comnoreply@blogger.comtag:blogger.com,1999:blog-11291165.post-73718036501138563122013-11-29T09:59:20.670-06:002013-11-29T09:59:20.670-06:00Great information, Joe. Now if I could only get my...Great information, Joe. Now if I could only get my empire built! Working on it!Chad Swaydennoreply@blogger.comtag:blogger.com,1999:blog-11291165.post-44671713621430172612013-11-28T13:29:21.738-06:002013-11-28T13:29:21.738-06:00Joe,
I have a simplified solution to the complexit...Joe,<br />I have a simplified solution to the complexity you foisted upon us… DON'T DIE!<br />Must admit don't know the secret to that accomplishment either, yet.<br /><br />Joe, how have you explained to your son Talon, the naked coital crash scene?<br />Will we, your faithful followers, should such an event occur, be advised of mutual orgasmic attainment? It would be so unlike you, Joe, not share that.<br /><br />I am thankful for many things this year. One of which is you, Joe, and your unselfish willingness to share the writing-publishing info we can use to make better decisions.<br /><br />Happy Thanksgiving to all.<br /><br />Anonymoushttps://www.blogger.com/profile/13650618703761755628noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-21499554732215110772013-11-27T17:16:52.857-06:002013-11-27T17:16:52.857-06:00Great advice! Thanks, Joe.Great advice! Thanks, Joe.author Christa Polkinhornhttps://www.blogger.com/profile/14609212815347152668noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-50842591151195828782013-11-27T16:50:06.931-06:002013-11-27T16:50:06.931-06:00The timing on this could not be better. My husband...The timing on this could not be better. My husband and I are about to re-do our will (since our daughter is no longer a minor).<br /><br />I told him I was putting all my writing "stuff" in her name rather than his because she understands the business, at least a little. <br /><br />Thanks for these great tips. I feel better already!Friend Griefhttps://www.blogger.com/profile/09657348016992982554noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-2802711988741330702013-11-27T14:59:09.108-06:002013-11-27T14:59:09.108-06:00This is a problem that has no real solution, yet. ...This is a problem that has no real solution, yet. Look at all the bestselling authors who died and their books vanished because they did not set up something real _before they died_.<br /><br />And it's not just before you die, it's when you get infirm and drooling, unable to run your own accounts. You need to set something up soon before that happens.<br /><br />Depending on how big your books are, I see having multiple authors joining together in some foundation or trust that is an ongoing business, with real staff, real people making a career of the business. In other words, set up a publishing house that exists only to take care of your or a group's work.<br /><br />Or, and this is sad to say, look at your books as ephemeral, fun for the day, making lots of money, for a time, then gone when you go. Look up lyrics to _Kansas_ - "Dust in the Wind" for what I mean. HA!<br /><br />Because if you do not set up something real to keep the books going when you get drooly or die, they can become the greatest curse to your heirs as they scramble over possession of what they think is vast wealth when it's only a pile of crumbling paperbacks.allynhnoreply@blogger.comtag:blogger.com,1999:blog-11291165.post-84767499223806342512013-11-27T11:25:37.515-06:002013-11-27T11:25:37.515-06:00I read in a similar thread on KBoards Writers'...I read in a similar thread on KBoards Writers' Cafe a few months ago that you have to set up the trustee BEFORE you die and tell Amazon who it is so that your books stay on sale and your reviews are maintained. It's probably in the terms of service for each vendor. I plan on looking into that soon.Cherise Kelleyhttps://www.blogger.com/profile/09870504632130723559noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-2355643246588905072013-11-27T09:24:08.148-06:002013-11-27T09:24:08.148-06:00Great post! I saved it in my bookmarks to work on ...Great post! I saved it in my bookmarks to work on doing this too! thanks for taking the time to write this!Anonymoushttps://www.blogger.com/profile/10481344598298150867noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-27124691780706360482013-11-27T04:34:10.281-06:002013-11-27T04:34:10.281-06:00It's something even those with one book and wh...It's something even those with one book and who may have given up already should think about.<br /><br />Of course we know they're not, but imagine them getting knocked-off somehow and then a year later their book catches fire. Who's going to reap that windfall?<br /><br />I think as time goes on you'll see more people put notes in those places family look in first while cleaning out houses on Sunday afternoons when they'd rather be watching football, something to the effect of "hey, I published on Amazon once, here's the info."gpstberghttps://www.blogger.com/profile/01388470847179787109noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-3720094605044180682013-11-27T04:15:51.991-06:002013-11-27T04:15:51.991-06:00agree with James Scoot Bell and W. Adam Mandelbaum...agree with James Scoot Bell and W. Adam Mandelbaum Esq. Thanks Joe, very important for all authors including those not yet pub'd but who have completed or nearly completed mss. IRS is watching, re future incomes to heirs from pub'd and unpub'd mss, espec from late authors whose works might be pub'd posthumously... And if in the US, the inheritance is ever reinstated, one will need a good tax lawyer/cpe as well. <br /><br />If one has had a bestseller, or a group of works that sell well, I would suggest not choosing a fellow author, as it is a HUGE amount of work to keep works in print, renegotiate, espec foreign editions which expire etc. I thought your suggestion of an agent or IP lawyer was right on.<br /><br />What several of my colleagues have done is assign at least one or more of their copyrights to a university or a charitable institution that will make sure to manage the materials for their share of the ongoing revenues. Many of those orgs have kept various works in print with new editions for decades, for they take a commission of all sales, but also do all the work, including seeking placement, reviews, news articles, being interviewed about the authors' work etc.<br /><br />thanks Joe. Kris Rusch also has a good article on copyrights' value for one's 'estate'. To those of us who have had three old cars in a row that never worked, espec in the midst of snowstorms, 'estate' is a rather hilarious idea. But it is how the culture sees whatever little sack of nails and phosphorus you have left at the end of life.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-11291165.post-50982986995518169542013-11-27T01:28:01.534-06:002013-11-27T01:28:01.534-06:00Thank you for that thought provoking post Joe, as ...Thank you for that thought provoking post Joe, as a relative new coming to self publishing it is not something I have taken the time to think about.<br /><br />Can't see myself sky diving in the near future, but will be putting together a short letter with similar information for my husband and children. They do not even know the mechanics of logging in to my Amazon account! <br /><br />So thanks again, it's amazing how these details completely slip your mind when you are actively pursuing your writing dreams. I would hate for my back catalogue to become priceless after my demise, and for my family to have no clue how to benefit from it.<br />Maria Jordan-O'Reillyhttp://www.tooksbooks.comnoreply@blogger.comtag:blogger.com,1999:blog-11291165.post-39210875645226978382013-11-27T00:19:23.331-06:002013-11-27T00:19:23.331-06:00Damn. Good things to think about. Even if you migh...Damn. Good things to think about. Even if you might not want to. Reminds me of the Army. Had to pick the song to my funeral and everything. Apparently you're not allowed to ask for "Super Freak" to be blared with bass and force everyone to drink. Silly Army. nlohttps://www.blogger.com/profile/00189011723484040397noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-75952016350765076832013-11-27T00:14:24.475-06:002013-11-27T00:14:24.475-06:00Jude...just picked up Sycamore Bluff and plan to r...<i>Jude...just picked up Sycamore Bluff and plan to read it this week. All the best with it!</i><br /><br />Cool! Thanks, Dave. I ended up self-publishing that one, and I didn't think to add an acknowledgements page, but you were certainly a great help. Shoot me an email with your mailing address, and I'll be happy to send you a signed paperback. Hope I got that helicopter stuff right, or at least close! :)Anonymoushttps://www.blogger.com/profile/16298343190864662091noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-83151085390527143542013-11-26T23:24:13.718-06:002013-11-26T23:24:13.718-06:00Jude...just picked up Sycamore Bluff and plan to r...Jude...just picked up Sycamore Bluff and plan to read it this week. All the best with it! David L. Shutterhttps://www.blogger.com/profile/08357694121376734716noreply@blogger.com