Do heirs have the right to sue for copyright infringement?

When an author dies, copyright to their work does not completely terminate. In many cases, heirs still enjoy certain property rights and have the right to protect their legitimate interests related to the work. So, do heirs have the right to sue for copyright infringement? Let’s find out in this article!

Who are copyright heirs? What rights of the author are bequeathed?

Copyright heirs are individuals or organizations who inherit copyright according to a will or according to the provisions of the law on inheritance after the author’s death.

According to Article 40 of the Intellectual Property Law: “Organizations and individuals who inherit according to the provisions of the law on inheritance have ownership rights over copyright.”

This means that property rights belonging to copyright can be transferred to heirs and become part of the inheritance.

However, not all copyrights are left to heirs. Copyright law divides copyright into moral rights and property rights, each with different protection mechanisms.

Moral rights are not inherited.

According to Article 19 of the Intellectual Property Law, the moral rights of an author include:

• The right to name the work;

• The right to use their real name or pseudonym on the work;

• The right to publish the work or allow others to publish the work;

• The right to protect the integrity of the work.

Of these rights, the right to name the work and the right to have one’s name on the work are intrinsically linked to the author’s identity and cannot be transferred to others in any form.

Some moral rights remain protected by law even after the author’s death.

Clause 2, Article 27 of the Intellectual Property Law stipulates that rights such as the right to name the work, the right to have one’s name on the work, and the right to protect the integrity of the work are protected indefinitely.

This means that even after the author’s death, relatives or heirs can still request the competent authority to take action against acts of impersonation, alteration, abridgment, or distortion of the work that affect the author’s honor and reputation.

Property Rights Bequeathed Through Inheritance

Unlike personal rights, the property rights of an author can be transferred to their heirs.

According to Article 20 of the Intellectual Property Law, property rights include:

• Creating derivative works;

• Performing the work publicly;

• Reproducing the work;

• Distributing or importing the original or copies of the work;

• Communicating the work to the public via wired, wireless, or internet means;

• Renting the original or copies of cinematographic works or computer programs.

These are rights that generate economic benefits from exploiting the work. Therefore, after the author’s death, the heir can continue to manage, exploit, and permit others to use the work and enjoy the profits arising from these rights as stipulated by law.

Do heirs have the right to sue for copyright infringement?

An heir has the right to sue if the copyright they possess is infringed upon by another organization or individual.

According to Clause 1, Article 198 of the Intellectual Property Law, “The holder of intellectual property rights has the right to apply the following measures to protect their intellectual property rights.”

These measures include:

• Requesting the cessation of the infringing act;

• Requesting a public apology or correction;

• Requesting compensation for damages;

• Filing a lawsuit in court;

• Requesting the state agency to handle the infringing act.

When inheriting copyright, the heir becomes the holder of the rights received and has the right to take measures to protect their legitimate interests, including filing a lawsuit.

Cases where heirs can file lawsuits

After inheriting copyright or property rights to a work, the heir has the right to request the competent authority to handle acts of infringement. In many cases, they can also file a lawsuit to seek compensation for damages and protect their legitimate rights.

Unauthorized copying of works

An individual or business arbitrarily copies books, paintings, articles, software, or other works without the permission of the copyright owner. If the property rights to the work have been legally inherited, the heir has the right to request action and file a lawsuit for compensation for damages.

Unauthorized commercial exploitation of works

In many cases, the works of a deceased person are still used for: printing; publishing; adaptation; online business. If this exploitation is not with the consent of the heir who owns the property rights, it may be considered an act of copyright infringement.

Distortion or modification of a work

Clause 4, Article 19 of the Intellectual Property Law stipulates that authors have the right to protect the integrity of their works.

Therefore, when there are acts such as: cutting or altering content; unauthorized modifications; distortion of the work; or actions affecting the author’s honor and reputation, the author’s heirs or relatives can request the competent authority to protect the author’s moral rights.

Unauthorized publication of a work

If the work has never been published before the author’s death and the right to publish has been transferred or belongs to the heirs, the unauthorized publication of the work by others may constitute copyright infringement.

The above is an article titled: ” Do heirs have the right to sue for copyright infringement?”. Understanding the scope of inherited rights, the legal basis, and the documents needed when filing a lawsuit will help heirs be more proactive in protecting the author’s intellectual property.

Sincerely,

FAQ