How to Protect a Literary Legacy
When an author or artist passes away, their work lives on. But that legacy doesn’t protect itself. Literary estates—from bestselling authors to niche but culturally significant writers—are valuable assets that must be actively managed and protected. Whether you're an heir, executor, or trustee, here's what you need to know to safeguard and build upon a literary legacy.
1. Secure the Copyrights and Publishing Rights
The first step in protecting a literary legacy is confirming ownership.
Inventory all works: This includes published and unpublished manuscripts, essays, screenplays, and correspondence.
Verify copyright status: Has the work been registered with the U.S. Copyright Office? Are renewal rights intact (especially for pre-1978 works)?
Track publishing contracts: Who currently owns the rights to print, digital, or translation editions? Are there termination rights available?
If these elements are unclear or scattered, the estate is vulnerable to disputes or lost income opportunities.
2. Guard Against Infringement
Unfortunately, deceased authors are prime targets for unauthorized reproductions, adaptations, or derivative works.
Monitor online and international use: Piracy and unlicensed print-on-demand services are rampant.
Issue takedown notices when necessary: DMCA takedowns and cease-and-desist letters are essential tools.
Trademark key characters or titles: If the author's work created iconic elements, these can sometimes be trademarked for added protection.
The estate should treat the literary body like a business—and that includes enforcing its rights.
3. Plan for Future Deals: From Book to Screen and Beyond
Protecting the legacy doesn’t mean keeping it locked away. It means negotiating deals that honor the author's voice while extending their reach.
Option and adaptation deals: Work with entertainment attorneys (like myself) to structure literary option or purchase agreements for film, TV, or stage.
Control creative integrity: Set clear parameters around character use, tone, or historical fidelity if those are important to the legacy.
Explore emerging formats: Audiobooks, podcasts, graphic novels, or even immersive experiences (VR/AR) are all ways to expand readership.
A well-managed estate can balance integrity with opportunity.
4. Name the Right Literary Executor or Trustee
If you are planning ahead for your own legacy—or guiding an author who is—make sure to:
Appoint a literary executor with both legal and creative insight
Provide written instructions on licensing preferences, publishing wishes, and what projects should (or should not) be pursued
Consider setting up a literary trust to manage royalties and rights long-term
5. Think Generationally
Copyrights last decades beyond the author’s lifetime—currently 70 years after death in the U.S. That’s a long window for either:
Incredible income and cultural influence, or
Total dilution and mismanagement
The best literary estates—like those of Toni Morrison, James Baldwin, or Joan Didion—don’t just rely on the work’s quality. They succeed because of careful legal stewardship.
Final Thoughts
A literary legacy is not just about preserving the past—it’s about thoughtfully shaping the future. Whether you’re the heir to a literary estate or an author planning ahead, protecting these assets requires both legal precision and a creative mindset.
If you have questions about representing or managing a literary estate, or want to plan your own legacy, I’d be honored to help.
Contact me here to schedule a consultation.