McIntosh & Otis
| Company type | Private |
|---|---|
| Industry | Literary agency |
| Founded | 1928 |
| Founder | Mavis McIntosh, Elizabeth Otis |
| Headquarters | New York City , United States |
| Products | Literary estate management, subsidiary rights handling |
McIntosh & Otis is a literary agency based in New York City. Established in 1928 by Mavis McIntosh and Elizabeth Otis, the firm focuses on overseeing literary estates and handling subsidiary rights for its roster of authors.
History
After departing from their previous agency, Mavis McIntosh (1906–1986) and Elizabeth Otis founded the company in the mid-1920s. By the early 1930s, McIntosh & Otis had gained recognition as a distinguished literary agency.
In 1963, the agency merged with Constance Smith Associates, a New York-based firm, appointing Patricia Schartle Myrer as President. Throughout the 1970s, copyright lawyer Eugene Winick joined as outside counsel, representing estates of notable writers including Mary Higgins Clark, Harper Lee, Sinclair Lewis, Ayn Rand, and Thomas Wolfe. After Myrer retired in 1984, Winick assumed the role of President.
Samuel Pinkus, who was both Eugene Winick’s son-in-law and an agent at the firm, led as President between 2001 and 2004. Presently, Elizabeth Winick Rubinstein, daughter of Eugene Winick, serves as President, maintaining the family’s leadership legacy within the agency.
John Steinbeck
John Steinbeck began his enduring relationship with McIntosh & Otis in 1931, appointing them as his exclusive literary representatives for nearly four decades. In 1952, the agency negotiated the sale of film rights for Steinbeck's East of Eden to Warner Brothers, securing $125,000 plus 25% of profits from the 1955 film adaptation featuring James Dean. After Steinbeck received the Nobel Prize in Literature in 1962, he shared a portion of his prize money with McIntosh & Otis to acknowledge their support.
In 2004, following the novel's selection for Oprah's Book Club, McIntosh & Otis sold East of Eden film rights to Universal Pictures. Although the initial option lapsed, Universal reacquired these rights for a two-film adaptation starring Jennifer Lawrence, announced in 2014. This initiative exemplifies McIntosh & Otis's continued approach to maximizing classic literary works through contemporary media adaptations, reinforcing their expertise in managing valuable intellectual property portfolios.
Patricia Highsmith
In 1959, Patricia Highsmith chose Patricia Schartle Myrer as her literary agent while Myrer was affiliated with Constance Smith Associates. Following the 1963 merger with McIntosh & Otis, Myrer remained Highsmith’s American representative, while A. M. Heath handled her UK affairs. Highsmith eventually grew dissatisfied with the agencies’ standard 5% commission and ended her relationship with Myrer in 1979.
Subsidiary rights
McIntosh & Otis administers subsidiary rights on behalf of Louisiana University Press.
Controversies
In 2004, Steinbeck’s family initiated legal action against McIntosh & Otis alleging breach of fiduciary duty, fraud, and double commissions. A New York court ruled that due to a power of attorney signed in 1983—which persisted beyond Elaine Steinbeck’s death and transferred to her heirs—the family could not terminate the agency. The agents neglected to reveal that Elaine had returned this power of attorney to Steinbeck’s son during her lifetime. The matter concluded through summary judgment without witness testimony, leaving key issues unresolved.
In June 2013, McIntosh & Otis filed suit against former agent Samuel Pinkus concerning a separate case initiated by author Harper Lee, who accused Pinkus of misappropriating copyright for To Kill A Mockingbird. The agency sought commissions on clients Pinkus took after his departure in 2004 but reached a settlement by September 2013.