Commentary

114 Transmission of copyright on death

INTELLECTUAL PROPERTY vol 21(2) copyright
| Commentary

114 Transmission of copyright on death

| Commentary

114 Transmission of copyright on death

Where the owner of the copyright in a work leaves a will, the copyright passes on his death to the executors of his estate, who in turn will vest the copyright in the appropriate beneficiary1. The executors’ title derives from the will and not from the grant of probate, and so the executors would have power to sue for infringement of copyright before probate is granted, where appropriate. Where the will does not specifically bequeath copyright to a named beneficiary, the copyright will form part of the residuary estate. The Copyright, Designs

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