Is copyright inheritable?

Recently, the editor read a post about applying for copyright in advertisements. As for where I read it, of course it was from the website of the Legal Savior Network. Then the editor had a question about whether the copyright of the work can be inherited, so I consulted the lawyers at the Legal Savior Network and looked for relevant laws. Here is the answer that the editor compiled for you.

Is copyright inheritable

Moral rights in copyright are not inheritable. What is inherited can only be the right to use and receive remuneration.

Relevant legal provisions

Heritage 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 validity period , the heirs can enjoy the property rights of the original author's works. 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 rights specified in Article 10, Paragraph 1, Items 5 to 17 of this Law shall not be protected by this Law. Within the period, it shall be transferred in accordance with the provisions of the Civil Code." Accordingly, a person who acquires property rights due to inheritance can become the subject of the legal relationship of copyright.

According to the CopyrightThe Law stipulates: "The protection period of the author's right to authorize, modify, and protect the integrity of the work is not limited. The protection period of the citizen's work, the right to publish, the right to use, and the right to receive remuneration is the life of the author and fifty years after his death. Years." This must involve the issue of who can exercise the author's rights during the 50-year period after his death. To this end, Article 19 of the Copyright Law stipulates: "If the copyright belongs to a citizen, after the citizen's death, the right to use the work and the right to receive remuneration shall be transferred in accordance with the provisions of the inheritance law during the protection period stipulated in this law."

First, the moral rights in copyright cannot be inherited. What can be inherited can only be the right to use and receive remuneration, and it can only be for a period of 50 years. Therefore, the heirs cannot exercise the rights of authorship, modification, etc. of the work. Of course, the right to authorize the work, modify the right and protect the integrity of the work are protected by the heirs, and the heirs can file a lawsuit if they are infringed.

Second, the property rights of copyrights should be governed by the Civil Code inherit. If the copyright owner made a will during his lifetime and the copyright is designated to be enjoyed by a certain heir, the inheritance will be executed according to the will; if the copyright is designated to be enjoyed by someone other than the heir, the inheritance will be executed according to the legacy; if the copyright owner has not made a will, the inheritance will be executed according to the statutory Handle copyright inheritance issues.

Third, if the author dies, his copyright will be lost to no one Inheritance and no one to be bequeathed. Its right to authorize, modify and protect the integrity of the work are protected by the copyright administrative department. After the death of one of the co-authors, if no one inherits or bequeaths his right to use the work and receive remuneration, it shall be enjoyed by the other co-authors.

The fourth is the unpublished works of the author during his lifetime. The right of publication may be exercised by heirs or legatees.

The above is the relevant content summarized by the editor. If you have relevant legal consultation or other matters that you don’t understand, you can call the online lawyers on the Legal Savior Network for answers. The professional knowledge of lawyers can help you. .