Jon
I can't claim to be able to be able to give definitive advice on this, but
as I understand it a literary executor (without more) is given
responsibilities but no rights. He or she might have the job of (say)
getting an unpublished work published, but will have to do so by agreement
with the owners of the manuscript and of the copyright. He or she might also
be the agent of the actual owners, in granting permission for use, for
instance. Of course, if the will does bequeath property or rights to the
literary executor as well as the responsibilities associated with the role,
that is a different matter. I suggest it is worth comparing the 'literary
executor' with an ordinary executor. The latter also has responsibilities
but no (permanent) rights. He or she might be the rights holder from the
date of death until probate is granted, but then they go to the
beneficiaries named in the will.
Tim
-----------------
Tim Padfield
Copyright Officer
Curator of Photographs
Secretary of the Lord Chancellor's Advisory Council on Public Records
Public Record Office, Kew, Richmond, Surrey TW9 4DU
Tel: 020-8392 5381
Fax: 020-8392 5295
e-mail: [log in to unmask]
http://www.pro.gov.uk
> ----------
> From: [log in to unmask][SMTP:[log in to unmask]]
> Sent: 31 January 2002 11:06
> To: Padfield, Tim
>
> Dear Tim
> As a follow up to your extremely useful precis of copyright on the
> archives-nra list (to which I seem temporarily unable to send), do you
> have
> any view of the legal rights over literary manuscripts bestowed on an
> individual by the use of the term "literary executor" in a will. My guess
> (probably completely wide of the mark) is that it conveys no legal rights
> at all, but has grown by common usage to confer some rather nebulous
> rights.
>
> I am sure there are a number of archivists who would be grateful to hear
> any thoughts that you have on this one, so please reply to the list if you
>
> feel it appropriate.
>
> Many thanks
>
> Jon Smith
>
> Jonathan Smith
> Trinity College Library
> Cambridge
> CB2 1TQ
>
> Tel 01223 338488
>
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