Can the personal rights of a copyright be inherited?

The legal property of a natural person can be inherited by his heirs after his death, and his rights can also be inherited. Copyright is a right protected by law, which is specifically divided into personal rights and property rights. Personal rights are related to the copyright owner. Then, the copyright Can personal rights be inherited? Below, the editor of Legal Savior Network will introduce the specific content to you in detail.

Can the moral rights of a copyright be inherited?

The moral rights of a copyright are exclusive rights and cannot be inherited.

Article 3 of my country's "Inheritance Law" stipulates 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.

What issues should be paid attention to when inheriting copyright

According to the provisions of the Copyright Law and other relevant laws, the following questions are worthy of attention Note:

1. After the death of one of the co-authors, if no one inherits or bequeaths his right to use and receive remuneration for the collaborative work, the Other co-authors enjoy. 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. The Copyright Law stipulates that after the death of an author, his copyright rights to authorize, modify and protect the integrity of the work shall be protected by the author's heirs or legatees. If the copyright has no one to inherit or bequeath, its right to authorize, modify and protect the integrity of the work shall be protected by the copyright administrative department.

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; No heir againIf no one is 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.

If you have other questions, you can consult the lawyers at our Legal Savior Network.