Inheritance of Copyright

Individuals have the liberty to utilise and allocate their wealth as they see fit throughout their lives. Wealth can manifest as currency, property, or, for creators, as intellectual property. Intellectual property gains its economic or cultural worth from the creator’s ingenuity, skillset, and public acclaim, sometimes even bestowing fame upon them. It’s important for everyone, including authors, to consider the destiny of their assets posthumously. Hence, inheritance laws have been established. People, authors included, are allowed to pass on their works while alive, yet they retain the right to designate a successor for their works after passing away.

Inheritance of copyright and its distinct nature

The inheritance of copyright is distinct in nature because it involves bequeathing the work itself or the rights associated with it. Unlike tangible property, inheriting intellectual property involves both economic and moral rights. Heirs may retain the right to sell reproductions or copies of the work, such as a painting protected by copyright, even if they don’t physically possess the original, unless these rights have been contractually assigned to the painting’s owner. Therefore, when transferring ownership of an author’s work, it’s possible that only certain economic rights are passed on to the new owner, while others stay with the author and can be bequeathed to their descendants. An author is often deemed to retain certain economic rights over their work, irrespective of the licencing agreements they’ve made for its use.

Rules and recommendations

Inheritance legislation outlines fundamental principles for the transfer of rights, including copyright. Legal inheritance, bequests, and legacies serve as the foundational legal mechanisms for bequeathing an author’s rights to heirs in many legal systems, including Kosovo’s.

Authors are advised to address the inheritance of their rights through a will or a contractual agreement for the assignment and partition of intellectual property. This approach offers a more definitive resolution for managing intellectual property and determining the successors of both the economic and moral rights of the author.