William Schloeder is the only person known to have been friends with Darger, and is perhaps the only person he showed any of his writing to during his life. The bound volumes were likely seen by no one other than Darger. He is not known to have ever sought to publish the writings or mention them to others. After his death they were stored in his room, with individual volumes only briefly leaving for exhibition. When John MacGregor published an overview of Darger's work in 2002, entitled
Henry Darger: In the Realms of the Unreal, he stated that no-one had ever read the complete work, as it would involve many years of reading and adjustment to the idiosyncratic style. They have never been published. Darger scholar Michael Bonesteel wrote that Darger's inconsistent writing style has a unique charm and "runs the gamut from poor grammatical constructions to lofty flights of poetic description".
Copyright During his last year, Darger is alleged to have made unclear and inconsistent statements regarding the status of his work. Berglund claimed Darger told him to throw away all the paintings and manuscripts while he was helping him move. In contrast, when Lerner later visited him at the nursing home and asked about his works, he is alleged to have said "it's all yours, please keep it." He is also reported to have told a fellow patient at the facility that he was giving his property to the Lerners. Darger's mental health deteriorated in his old age, and he reportedly struggled to recognize Lerner. In addition to the contradicting instructions on what to do with the material, it is unclear whether he was referring to the loose papers and notebooks in his apartments, the bound volumes, or both. He had no known will, most likely dying
intestate. Under the Illinois probate code, his estate would have automatically transferred to the closest living heir; he had a number of living relatives through the descendants of his cousin Annie, but they were not tracked down and contracted after his death. His relatives may have been uninterested in a claim even if they were aware of his death, as the estate would have been judged to have little to no value. In this case, ownership would have been passed to
Cook County or the state government of Illinois. None of Darger's works had been registered with the
United States Copyright Office by the time of his death. In 1995, the copyright of Darger's work was claimed by Nathan and Kiyoko Lerner. Since Nathan's death in 1997, it has been claimed by Kiyoko Lerner and managed by the
Artists Rights Society, a licensing organization. Following a 2019 article in the
Northwestern Journal of Technology and Intellectual Property which called the Lerners' claim to the copyright into question, art collector Ron Slattery tracked down Darger's surviving relatives (mainly first cousins two or three times removed). A group of these relatives contested Lerner's ownership in a 2022 federal lawsuit.
Archival In the Realms of the Unreal has never been published. The largest collection of Darger's works is held by the
American Folk Art Museum (AFAM) in New York. Acquired in 2000, the AFAM collection contains the original manuscripts of the
Realms of the Unreal and its planning journal, alongside
Further Adventures and Darger's last book,
The History of My Life. Kiyoko Lerner made
microform copies of Darger's writings during the 1990s. A digitized version of these is hosted online by the
Illinois State Library. Another digitization of the bound volumes of
In the Realms of the Unreal was done by the AFAM in 2020 as part of the
Save America's Treasures program. ==See also==