Q&As

Can copyright and publication rights be bequeathed on death and how can this be achieved?

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Published on LexisPSL on 01/04/2019

The following IP Q&A provides comprehensive and up to date legal information covering:

  • Can copyright and publication rights be bequeathed on death and how can this be achieved?

Where the owner of copyright in a work leaves a Will, the property rights (such as copyright and publication right) pass on death to the executors of their estate who in turn will vest the copyright in the beneficiary or beneficiaries.

Generally, given that the rights require a specialist approach, a testator would ordinarily appoint a special executor/trustee to deal with those rights. Equally, the conventional situation appears to be that those rights are left to the special executor on trust for the ultimate beneficiaries. These approaches have the advantage of enabling a complex area to be administered for the benefit of the beneficiaries by an expert.

For these matters, see Commentary

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