Hey, all just a quick update: The person who won an LWA online class is ——- Selena Fulton CONGRATULATIONS !!!! Please email Margie::::: address is: margie (at) margielawson(dot) com
This month we’re following up with a look at how to choose one—which an author needs to know how to do, even if the estate isn’t large or complex enough to require a separate literary executor.
Here’s why:
If the estate is large or complicated enough to merit a separate executor (or trustee, in the case of a trust) to manage the literary works, it’s important to choose a qualified person to fill that role.
If the estate doesn’t need a separate literary executor or trustee, the general executor will have to manage both the standard estateand distribution of the author’s intellectual property. That means the general executor needs the basic skills of a literary executor to fulfill the dual role.
In other words: regardless of the size of your estate, you need to make sure the person handling your intellectual property rights is qualified to act as a literary executor or trustee.
This is particularly true where the author’s will or trust splits ownership and/or the financial benefits of creative works between two or more heirs. Appointing a qualified literary executor helps prevent disputes, streamline administration, and facilitate the transfer and management of intellectual property rights after the author’s death.
Some points to consider when choosing a literary executor:
1. Pick someone familiar with solid business skills and familiarity with the publishing industry.
A general attorney may not have much familiarity with publishing contracts and intellectual property issues. Family members may not have the business skills required to handle your intellectual property rights effectively.
Picking someone who understands publishing helps minimize costs and conflicts, and also maximizes the benefits from your works. This is true whether or not the literary executor will manage the works long-term or merely supervise collection and distribution to your heirs.
2. Select an executor young enough to survive you and still be young enough to manage your copyrights. Also, name at least one secondary choice.
Most copyrights last for 70 years after the author’s death – so it’s a good idea to select a literary executor young enough to serve a substantial part of that time. This often means picking someone younger than you (or changing your choice as you age). Remember: you can always amend a will or trust to change the executor’s name without having to rewrite or revise the rest of the document. The amendment is called a “codicil” in the case of a will and an “amendment” in the case of a trust.
3. Provide for a successor executor – or a method for choosing one.
Since your copyrights may outlive your selected executor’s career, your estate planning documents should name a successor literary executor or include the method for choosing one. Common methods include the majority choice of your heirs, selection by the attorney administering your will or trust, and arranging for a court-appointed successor.
Other methods are permitted, too. You may want to consult a local estate planning attorney to learn more about your options.
4. Select someone with patience and good communicationskills.
In addition to negotiating contracts and managing copyrights, the literary executor will need to communicate with your heirs – the people who will receive the financial benefits of your literary estate. Select a literary executor who communicates clearly and effectively – someone who solves problems rather than creating them.
5. If possible pick someone who gets along with your heirs, particularly if the literary executor will need to serve for an extended time.
Never underestimate the value of cooperation. Your literary executor may need to work with your heirs for many years. That process is always easier when personalities mesh.
This isn’t an all-encompassing list of the factors you’ll need to consider, but it’s enough to get you started on the road.
Remember to consult a licensed attorney in your state or country to ensure your estate planning documents comply with local law and to ensure that you know about any local rules governing the selection of executors and trustees.
Thank you for joining me for today’s #PubLaw guest post on literary executors! We’ll continue our Authors’ Estate Planning series next month – I look forward to seeing you then! And remember, if you have questions about this or any other topic related to publishing law or authors’ estate planning issues, please feel free to ask in the comments. I love to hear from you.
About Susan
Susan Spann is a publishing attorney and author from Sacramento, California.
Her debut mystery novel, CLAWS OF THE CAT (Thomas Dunne Books, July 2013), is the first in a series featuring ninja detective Hiro Hattori. Susan blogs about writing, publishing law and seahorses at http://www.SusanSpann.com. Find her on Twitter @SusanSpann or on Facebook.
A big lovey Thank You to Laura Drake for inviting us back to WITS. Surprise! It’s a mother-daughter duo blog!
What happens to characters when they are in a high emotion scene? They experience emotion. Duh.
What happens if the writer keeps the POV character in their head, intellectualizing about what they’re feeling, instead of experiencing the emotion physically too? It doesn’t ring true. The scene is not as credible. The reader will fail to become fully immersed in the moment, the character arc, and the story.
Um…that’s not good.
So what do we mean by experience the emotion physically?
Emotion almost always includes a visceral response.
Most of the time without the visceral, you will have a 1-2 punch without the 2.
You need to become a Visceral Warrior.
Visceral warriors push themselves to write visceral responses in ALL of their emotional scenes. They put visceral responses in the right places. They amplify the visceral responses appropriately for that scene. And they don’t write clichéd visceral responses, they work hard to write original and fresh.
Quickie review of visceral responses: Involuntary physical responses to emotionally triggered stimuli. Responses like accelerated heart rate, sweaty palms, tight throat, dry mouth, clenched stomach, flushed neck and face, pumped up adrenaline, tunnel vision.
If a writer neglects to have the POV character experience a visceral response after an emotionally-loaded stimulus, the scene is usually not as powerful. Not a page-turner.
Today, we are using examples from a few of the hordes of Multi-Margie-Grads (and some Tiffany-Grads) who are visceral warriors.
Nausea punched into my stomach and pushed hard, but I was getting used to the massive adrenaline dumps. I tensed and fought the surge of bile, forcing it down and holding it there.
The colossal adrenaline dump that had overloaded my system now needed a place to go. With every ounce of strength I had, I pushed him off, rushed to the wall, and emptied the contents of my stomach onto the concrete foundation.
Analysis: Fresh writing. The power of three. Power words: colossal, adrenaline dump, overloaded, strength, rushed, emptied. Compelling cadence.
Romily Bernard, Find Me, 2012 Golden Heart Winner, and Multi-Margie-grad, Romily’s debut YA will be published Sept. 2013.
Baby Inman eating - er - reading Find Me!
Then I hear the car door slam and my heart rides up my throat with spurs.
Analysis: Powerful! Fresh writing. Shared stimulus and response. Amplified visceral response twice. Backloaded with power word: spurs. Compelling cadence.
The second example from Romily Bernard shares a well-written incongruency. The dialogue cue is incongruent with the visceral response.
“We have a visitor.” Weird how my voice sounds flat and confident when my insides are churning and liquid.
Read that example again.
The dialogue cue, the way she speaks, cues the reader regarding the subtext. Her voice sounds flat and confident. But she’s really terrified. We know she’s terrified because her insides are churning and liquid. She’s covering up her fear for her little sister.
This is not the real passage. It will not flow. Several paragraphs and pieces of paragraphs are missing. We included some lines that are the triggers for her visceral responses.
Katie McGarry, Dare You To, Margie-Grad
“So it’s true,” someone says from the front of the class. “Your last name is Risk.”
Clank. Clank. The sound of chains squeezing my lungs echoes in my head.
Two paragraphs later:
Everyone in the class watches me. My hands start to sweat.
The next paragraph includes this visceral:
Panic pushes my heart past my rib cage.
Two paragraphs later:
Sweat forms along the hairline on my neck as the world sways. It’s been too much: the changes. Losing Mom. Losing Isaiah. Losing my home. I’ve tried. Really I have. I’ve roamed the halls as the reclusive freak show. This answer will change everything again. “Yes.”
Whispers and comments rush through the class like wind from an oncoming thunderstorm.
Skip a few paragraphs, and we’ll find these two sentences in a paragraph:
The bell rings and my teacher’s expression gives new meaning to the term wrathful. A couple of more pounds of chains settle in my stomach.
Kudos to Katie McGarry for empowering this high-emotion section with five visceral responses.
1. The sound of chains squeezing my lungs echoes in my head.
2. My hands start to sweat.
3. Panic pushes my heart past my rib cage.
4. Sweat forms along the hairline on my neck as the world sways.
5. A couple of more pounds of chains settle in my stomach.
The first and last lines are fresh, fresh, fresh. Love the way she used chains in the first line and amplified the chains in an unexpected way in the last line. Powerful.
She was done—done, done, done. Her goose was cooked. Charred. Gino would know where she was now. But where was Joey? Her stomach flopped over and fisted under her ribs.
Analysis: WOOT WOOT! Epizeuxis – done, done, done. Goosey cliché twist. Alliteration. Alliteration. Visceral kick with flopped over and fisted under – fresh fresh fresh! Cadence galore.
Now – for examples from Multi-Margie-Grad Laura Drake!
The sobbing admission burned like drain cleaner as it burst from her throat.
Analysis: Words like sobbing, burned, and burst create a clear emotional visual to the reader. Drain cleaner pops out as an original and dangerous simile. Kick butt cadence.
When black dots shot across her vision, she remembered to breathe.
Analysis: Used visceral action to show visual impairment and by saying remembered to breathe – told reader she wasn’t breathing. Two viscerals in one line! And again, clever cadence.
Delicious flames licked the inside of her skin, urging her on. “Well, then, you go on and lie in that bed, Jimmy Denny. I don’t want to see your face on this property again. Do you hear me?”
The freed flames roared in her ears, and her body shook with righteous crackling heat.
Analysis: Poetic punch of cadence with words like delicious and licked to describe flames on one’s skin. Brilliant and fresh writing.
Then slamming the last line with power words: flames, roared, shook, righteous, crackling, and backloading with heat. How sad would this have been if she had written, “ She heard the flames crackle and her body was hot to the core.” (cliché alert!)
Shared stimulus and response.
Amplified visceral response twice.
Backloaded with power word: spurs.
Compelling cadence.
One more example. This one is from Laura Drake’s August release, Her Road Home.
The first paragraph below is the stimulus for the visceral response. Viscerally creepy.
At the low, creepy tone, her head jerked up, though she knew what she would see. The concentrated, unfocused stare. Ruddied cheeks. His lips glistening, as if he’d just licked them.
She stood in flash-frozen shock, heart fluttering in scared-rabbit beats. Not again.
Analysis: Alliteration, flash-frozen, fluttering, parallelism. Fresh, fresh, fresh writing. Kudos to Laura Drake!
Thanks for joining us (Margie and Tiffany) today. We had fun writing this blog together, and we even experienced some mother-daughter visceral hits. Wish you all could have been here!
Before you leave this blog, please know that this was an itsy-bitsy teensy-weensy sliver of our writing-visceral-responses pie. Sorry, this was NOT a quick glance a guide. It’s not even a Cliffs Notes Version. It’s more like 1/30th of a Cliffs Notes version.
What are we saying?
There is SO MUCH MORE TO LEARN in order to become a Visceral Warrior. But don’t worry, we know you can do it!
Margie’s online course, Visceral Responses: Beyond Hammering Hearts, is loaded with dozens of teaching points, a slew of dissected and analyzed examples, hundreds of learning opportunities.
POST A COMMENT on the blog and you could win a spot in the Visceral Responses course. The class runs August 15 – Sept. 15. We'll draw the winner's name Thursday Night, 8 PM, Mountain time. If you win, and you're already registered for the course, your registration fee will be refunded.
WITS own Laura Drake teaches on online class for LWA in September, Submissions That Sell! She should know. She got contracts for seven books before her first book was released!
2. Fab 30: Advanced Deep Editing, A Master Class, Aug. 12 - Oct. 20
Instructor: Margie Lawson
3. Story Structure Safari, Sept. 1 - 30
Instructor: Lisa Miller
4. Submissions That Sell!, Sept. 2 - 27
Instructor: Laura Drake
5. World Genesis: Building a World from the Ground Up, Sept. 2 - 27
Instructor: Suzanne Lazear
About Margie
Margie Lawson—editor, international presenter— teaches writers how to use her psychologically-based editing systems and deep editing techniques to create page turners.
Margie has presented over eighty full day master classes in the U.S., Canada, Australia, and New Zealand. Writers who have studied her material credit her innovative deep editing approaches with taking their writing several levels higher—to publication, awards, and bestseller lists.
To learn about online courses through Lawson Writer’s Academy, Margie’s 4-day Immersion Master Classes (in 2013: in Colorado, Chicago, Dallas, Atlanta, Columbus, and on Whidbey Island), her full day and weekend Master Class presentations, keynote speeches, Lecture Packets, and newsletter, visit www.margielawson.com.
Tiffany Lawson Inman (NakedEditor) claimed a higher education at Columbia College Chicago. There, she learned to use body and mind together for action scenes, character emotion, and dramatic story development.
She teaches Action, Choreography, Physicality, Violence, and Dialogue for Lawson Writer’s Academy, presents hands-on-action workshops, and will be offering webinars in 2014. As a freelance editor, she provides deep story analysis and dramatic fiction editing services. Tiffany will be off maternity leave and back on-line before the end of the year! Stay tuned to WITS to see Tiffany’s upcoming guest blogs, contests, and lecture packets.
Laura here. I just wanted to squee a moment. The very first book I wrote (and edited 3,457 times,) Her Road Home releases tomorrow! It earned a RT 4 star review! You can learn more about it on my website.It's available at Amazon, B&N, and other stores. Thanks for your indulgence - now here's Shannon with her monthly wisdom:
A looming date is enough to kill any writer's ability to get words on a page. Two weeks to finish two hundred pages—if that doesn't freeze you, add in that they have to be two hundred great pages. Polished, perfect prose.
Anne Lamont's wonderful book, Bird by Bird, deals with this--a whole book about deadlines and writing. That's how tough they can be. But why?
Because we want the work to be perfect? Because we said we'd be done on a date and we want to keep that promise? Because we're insecure and think we MUST or we’re just not a real writer?
A deadline taught me to learn to ask for an extension. A deadline taught me to let the writing flow and edit later. A deadline taught me that if I'm writing regularly, I can do fifty good pages in a weekend. A deadline also taught me how good I can be at procrastinating.
If you haven’t sold yet, you still need deadlines—that’s where contests are great, since they force you to get something done. I love the Golden Heart because you must finish the book to enter.
Deadlines can be a friend. They can make you finish that book, even if you have to drag yourself to the keyboard to do it. And, trust me, you don’t ever know if the writing is good or bad—you can never judge your own work, so it’s very often a good idea to write and worry about everything else later. But a deadline can end up being something you beat yourself with—and it kills the writing.
So how about giving up the word “deadline,” and make it something a little friendlier?
How about targets, goals, due dates, motivational milestones? Or maybe set a celebration date—about a week after you really have to get something done. Put down on the calendar a spa day, or a shopping spree, or dinner with a friend, or a movie binge day. For me, carrots always work better than sticks for motivation. Or break the deadline into smaller bits—a chapter done, to the half way point, a first draft finished. Chop it up.
But the best motivation for me is to make sure that book gets out there to start earning some money. So why not pay yourself for your writing, even if it’s only a few bucks for that spurge—that new shirt, or dinner out, or a chocolate cake?
The trick is to figure out what gets you to a computer to get a book done.
Shannon Donnelly
Shannon Donnelly Bio
Shannon Donnelly’s writing has won numerous awards, including a RITA nomination for Best Regency, the Grand Prize in the "Minute Maid Sensational Romance Writer" contest, judged by Nora Roberts, RWA's Golden Heart, and others. Her writing has repeatedly earned 4½ Star Top Pick reviews from Romantic Times magazine, as well as praise from Booklist and other reviewers, who note: "simply superb"..."wonderfully uplifting"....and "beautifully written."
Her Regency romances can be found as ebooks on all formats, and with Cool Gus Publishing, and include a series of four novellas.
She also has out the Mackenzie Solomon, Demon/Warders Urban Fantasy series, Burn Baby Burn and Riding in on a Burning Tire, and the Urban Fantasy, Edge Walkers. Her work has been on the top seller list of Amazon.com and includes Paths of Desire, a Historical Regency romance.
She is the author of several young adult horror stories, and computer games. She lives in New Mexico with two horses, two donkeys, two dogs, and only one love of her life. Shannon can be found online at sd-writer.com, facebook.com/sdwriter, and twitter/sdwriter.
