In November 2016, I posted a blog, A Writer’s Legacy in a Digital World, where I discussed the importance of planning for the future of your digital and intellectual property. I recently read two blog posts on the same subject but with a few more bits of information, like appointing a Literary Executor (separate from the Estate Attorney) to protect your intellectual property (IP).
To reiterate, it’s vital you prepare for the inevitable. You must decide what kind of legacy you wish to leave, if you wish to leave one at all. In this new digital world, our lives are complicated by our dependence on many devices, each with its own password and accessible only by you. The first step in the process is to take an inventory of your digital (online world) and intellectual properties:
- Do you have a Paypal, Google Pay, or any account, in addition to personal banking, with monetary value? Who will have access in case you’re incapacitated, or worse, if you die? What happens to the money? Whom will you designate as your beneficiary?
- What about personal and business email accounts, blogs, and podcasts? Personal and business websites? Do you want them up and running for people to read your when-you-were-a-breathing-starving-artist work?
- Do you keep a list of logins and passwords to all of your online accounts? I keep an updated copy in one of those many cloud accounts, just in case. Update it regularly and make sure your designated Estate attorney has the most recent copy on file.
- What electronic devices do you own that need a password for access? Do you have a laptop, smartphone, tablet, DVR/Tivo, Ring, or a home burglary system? How many apps do you access from your phone?
- Do you bank online? What about mortgage payments, investment banking, utilities, and airline (or other) memberships? Which memberships automatically renew online? You’ll need to spell out which to cancel and which to keep active for your heirs/estate.
- Do you have any online accounts like Facebook, LinkedIn, or YouTube? Any accounts to e-commerce sites (Amazon, Netflix, Hulu, Ebay, etc.)? Check the policies of these companies regarding access by another person. You’ll need to legally designate someone if you want that person to clean up your online life.
- How much of your work is unfinished? Do you want someone else to finish it? Or would you prefer your Executor/Executrix just heave every incomplete project, every potential novel/poetry book/best-selling short story into a shredder? What will you do with the work you have completed? Who gets the royalties?
- Do you have translations of your book? Movie deals? Audio books? Who will oversee these if they become options after your death? Who will make the decisions about maintaining and growing your work after you’re gone? (Think: Elvis Presley estate.)
- Will you leave the option to own, sell, or operate your business and control your intellectual property? Or will you decide so your heirs don’t have to? One option is to designate a micro-publisher to oversee your work so that royalties will be properly paid to your heirs.
- What about cleaning up your personal information collected by those data-mining companies? If you think it won’t matter once you’re gone, you’re wrong. Someone could use your identity and gain access to your intellectual property and online life, and then your hard-earned money. This can affect any heirs you designate and their ability to oversee your IP or pay any monies owed. One site, My Life, mines all sorts of personal information; you’ll need to sign up and join to have access to your personal information and request they delete all of it.
- You need to be concerned with writer scams popping up all over the web offering unauthorized copies of authors’ books or scamming writers out of money. Writer Beware is one of many sites that track predatory sites and unscrupulous people trying to steal our IP. Make sure all is good before passing it on to the heirs.
I don’t have children so I’ve been thinking about how to ensure my IP is safe so that whomever I designate as heirs (charities most likely), they will benefit properly. It’s mind-boggling for sure, but getting started is the hardest part. Start with making a list for numbers 1-4; those alone will take some time. Once that’s done, you’re more than halfway to protecting your IP. Nolo.com is a good site to find Estate and Literary attorney recommendations; you can also call or check online with the Bar Association in your state. You can find Last Will and Testament forms (as well as Healthy Proxy, Power of Attorney and other estate forms) online and at Nolo.
I’m not trying to be morose; this is a necessary part of owning a business (yourself) and smart business owners/independent contractors prepare for the worst. How many famous people left no Will for their estates, tying up legal proceedings for years in probate with family members each trying to get his share? Don’t let this happen to you – or your heirs.
Some links to good articles on this and other subjects:
Anne R. Allen on Anne R. Allen’s Blog… with Ruth Harris
New Writing Scams to Look Out for in 2019
“As long as there are writers, there will be writing scams. Hungry predators will always be lying in wait, ready to pounce on any tender young scribe who strays from the safety of the mainstream herd.”
Maggie Lynch on Self Publishing Advice From The Alliance Of Independent Authors
Why Indie Authors Need Literary Executors & How to Appoint One
“Today I’m going to address how to make sure your heirs (whether that is family, friends, or a nonprofit) benefit from that and who makes the decisions about licensing future intellectual property rights (eg translations, movie or TV deals, audiobooks, etc.) that may not have been licensed at the time of your death.”
Chris Syme on Smart Marketing for Authors
Why Word of Mouth Marketing Will Sell More Books [Research]
“In this episode of the podcast, Chris reviews the 2018 Word of Mouth Marketing Report from Convince and Convert Consulting and how it can help authors sell more books.”
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