Literature
Understanding Copyright Inheritance When the Author Dies Without Descendants
Understanding Copyright Inheritance When the Author Dies Without Descendants
The legal landscape of copyright inheritance can be complex, especially when an author dies without leaving direct descendants. A prime example is Maurice Ravel's Bolero. Upon Ravel's death, his rights to Bolero's royalties were transferred to his brother Edouard. After Edouard's death, the fortune passed to Jeanne Taverne, his wife, who later re-married and continued to benefit from the royalties well into the 20th century. This intriguing case underscores the importance of understanding how copyrights are handled when the original author has no surviving offspring.
The Role of Extensive Holdings and Escheat
When a person dies with extensive assets, such as a house, bank accounts, stocks, or bonds, the state may take over these assets if there are no legal heirs. This process is known as escheat. It is similar to what might happen with the copyright owner's estate. Unless the copyright registration forms are found by the Probate Court, it is likely that the existence of these rights would go unnoticed.
Escheat and Governed Copyrights
The State effectively becomes the owner of the copyright, much like any other property. This is a critical point to consider for copyright owners. In countries like India, Article 296 of the Indian Constitution outlines the property that can escheat to the State. For copyrights, the typical term is 60 years after the author's death. After this period, the copyright no longer belongs to anyone and falls into the public domain.
Legal Heirs and Probate Court
Without direct descendants, copyrights typically pass to the legal heirs or legal representatives. A Probate Court is often involved, where the estate is verified and distributed according to the laws of inheritance. In many cases, however, the legal heirs might not even be aware of the existence of copyrights due to lack of proper documentation.
Intellectual Property as a Conventional Property
Copyrights are often treated like conventional property, especially in matters of inheritance. This means that they can be mortgaged or transferred directly between legal heirs. If a copyright is mortgaged, the ownership cannot change hands until the mortgage is settled. Similarly, if an author dies intestate (without a will), the copyright is passed on to the heirs in accordance with local inheritance laws.
Moral Rights and Legal Ownership
It is important to distinguish between moral rights and legal ownership when discussing copyright inheritance. While the legal ownership of the copyright can transfer to legal heirs, moral rights, including the right to be identified as the author, are separate and not automatically transferred. An author can, however, explicitly assign their moral rights to another party.
Joint Ownership and Legal Representatives
In cases where the copyright is jointly owned, the part of the copyright held by the deceased author is transferred to their legal representatives, not the entire copyright. This is because joint authors are co-owners and hold a tenant in common. The moral rights, however, remain with the original author and are not transferred.
Conclusion
Understanding copyright inheritance when the author dies without descendants is crucial for both creators and their legal heirs. The process involves the Probate Court and can be influenced by local laws. While the legal ownership can transfer, moral rights need to be explicitly assigned. It is highly advisable to consider legal consultation to ensure that copyrights are properly handled and that the original author's hard work is recognized and appropriately compensated.
Remember, while this article provides general information, it is not a substitute for legal advice. Seek the guidance of a legal expert for specific questions related to copyright inheritance.