Your Creative Legacy: What Writers, Musicians, Artists, Actors and other creatives should know

The works of creative professionals leave us richer for their endeavours, but they may go on to have active and lucrative careers long after their deaths, providing a posthumous stream of income for their heirs. From royalties on literary works and music to licensing fees for art and performances, these assets form part of a creator’s estate, requiring a certain amount of forward planning to ensure they continue to benefit heirs or beneficiaries of their bequeathed estate. 

A recent conversation with neighbour, friend and author Pippa Goodhart , creator of the acclaimed children’s book series You Choose (amongst many others), highlighted the practical steps she has taken to safeguard her literary legacy. This, along with insights from the Society of Authors on preparing an author’s estate has proved fascinating. We at NOTA:BENE System thought her experience may also offer transferable advice for other creatives like musicians, artists, illustrators and actors.

Royalties: A Lifeline Beyond the Author’s Lifetime

Royalties can be the enduring cornerstone of a creative person’s estate. Be it the sale of books, TV or film rights, licensing of copyright or visual art, the streaming of music or reruns of film and TV performances, these ongoing payments can add up to significant income if passed on thoughtfully. The Society of Authors reminds us that “copyrights will outlive a person by 70 years, and during that time may well have value.”.

In  Pippa’s case she is still very active writing and speaking to schools and her work continues to receive royalties from a few sources. She has had a number of agents through her long writing career and writes for different publishers, then there are sources like the Authors’ Licensing and Collecting Society (ALCS) who ensure that creators receive payments for secondary uses of their work. There is also the annual payment that appears from the Public Lending Right (PLR) organisation who pay a fee when an author’s books are borrowed from libraries. Pippa’s enduring works, like the You Choose series (with illustrator Nick Sharratt) and her Winne the Witch writing (under the pseudonym Laura Owen) still find new audiences, including through special licensing promotions such as Dolly Parton’s Imagination Library and an exciting upcoming McDonald’s Happy Meal campaign.

Similarly, musicians may earn royalties from streaming platforms, performance rights, and licensing deals. Artists might receive licensing fees for the use of their work on advertising products or in media. Actors benefit from residuals for reruns, syndication, or streaming of their performances. Each industry will have bodies that enable the flow of royalties to the correct person, but only when work is catalogued and updated by the owner and subsequent beneficiaries.

Through proper planning, these income streams can avoid becoming tangled or ceasing altogether, ensuring heirs can fully benefit from the creator’s efforts. Some authors leave lasting legacies to charitable foundations, the most famous of these being J. M. Barrie and his ongoing support of Great Ormond Street Hospital for Children through the donating the rights to Peter Pan in 1924. Their website says “This gift continues to benefit the hundreds of seriously ill children and young people who are seen at GOSH every day for life-changing treatment and care. GOSH has always honoured Barrie’s wishes of never sharing the amount raised for the hospital from Peter Pan royalties.

4 Simple Steps for Managing a Creative Estate

1. Cataloguing the assets

Creative professionals must maintain detailed records of their work and agreements. Pippa’s husband, for example, has carefully catalogued her literary works, she has added photos of original framed artwork illustrations, foreign editions of her books, and precious signed copies of works by fellow authors. In the same way, musicians should track their songwriting credits, master recordings, and performance royalties. Artists should inventory their original pieces, licensing agreements, and prints, while actors can document their contracts and residual payment agreements. 

2. Registering with rights organisations

Organisations like the Authors’ Licensing and Collecting Society (ALCS) in the UK ensure that creators receive payments for secondary uses of their work. Public Lending Right (PLR) provides additional income for writers when their books are borrowed from libraries. Musicians benefit from organisations like PRS for Music, which collects royalties for performances and broadcasts. Ensuring works are registered with these organisations is essential for continued payouts. 

3. Choosing the right representative in your will

Some sources recommend the notion of a creative executor. This can be useful but may also have unintended consequences. For example, the Society of Authors recommends avoiding the term ‘executor’ and instead appointing a literary manager to oversee the literary part of an estate. A literary manager can handle licensing and representation without creating a separate estate entity, which can reduce administrative burdens and costs. Musicians, artists, and actors can take a similar approach by appointing a trusted representative or agency to manage their creative rights.  https://societyofauthors.org/2020/02/11/before-you-sign-literary-executors/

4. Include clear instructions – Don’t forget physical assets

Creative estates often include physical items of artistic or sentimental value. Pippa’s collection, for instance, includes original artwork and rare editions. For musicians, this might mean instruments or master recordings. For artists, it could include unsold works or private collections. Clear listings and instructions for preserving, selling, or distributing these items can help avoid family disputes or mismanagement. 

By planning thoughtfully, creative professionals can not only protect their legacies but also provide financial stability and clarity for their loved ones.

For more guidance: the Society of Authors –https://www.societyofauthors.org, Independent Society of Musicians –https://www.ism.org, Royal Society of Musicianshttps://www.rsmgb.org, Actors Guild of Great Britainhttps://www.actorsguild.co.uk/, Visual Artists Associationhttps://visual-artists.org