Can copyright be inherited?

Most of us know that some property rights can be inherited as inheritance, such as ownership and property rights, so can Copyrights be inherited? The editor of Hualu has compiled this knowledge for you below. Welcome to read !

1. Can copyright be inherited

Article 3 of my country's "Inheritance Law" It is stipulated that inheritance includes property rights in citizens’ copyrights (copyrights) and patent rights. Generally speaking, the heir's inheritance of copyright mainly involves the inheritance of the copyright property rights for the remaining period of validity after the author's death. During the period from the death of the author to the expiration of the copyright, the heirs can enjoy the property rights of the original author.

Therefore, Article 19, paragraph 1, of my country’s Copyright Law stipulates: If the copyright belongs to a citizen, after the citizen’s death, his or her copyright shall be transferred to Article 10, paragraph 1, of this Law. The rights specified in Items 5 to 17 shall be transferred in accordance with the provisions of the Succession Law during the protection period specified in this Law. Accordingly, a person who acquires copyright property rights through inheritance can become the subject of copyright legal relations.

2. What issues should be paid attention to when inheriting copyright

According to the Copyright Law and other relevant legal provisions, the following issues are worth noting:

1. After the death of one of the co-authors, no one has the right to use the collaborative work and receive remuneration. If the inheritance is inherited and no one is bequeathed, it shall be enjoyed by other co-authors. According to Article 32 of the Succession Law, inheritance that has no one to inherit and no one to be bequeathed belongs to the state.

2. Heirs generally cannot inherit the author’s personal rights, but are responsible for protecting them.

3. For works that have not been published during the author's lifetime, if the author has not explicitly stated not to publish them, the right to publish them can be exercised by the heirs or legatees within 50 years after the author's death; If there is no heir and no one to be bequeathed, it shall be exercised by the legal owner of the original work. If the author explicitly states not to publish during his lifetime, the work cannot be published during the protection period of the work. After the author's death, others may not delete or change his or her signature on the work. Without the authorization of the author, others may not exercise the right to modify the work or protect the integrity of the work.

Although the heir can only inherit the property rights of the deceased, he is also obliged to protect the copyright of the author.Personal rights. When exercising the property rights of a copyright, the personal rights of the original copyright owner shall not be infringed. If you have any questions in this regard, you may wish to consult the professional copyright lawyers on the Legal Savior website. I believe you will gain something.