The Intellectual Property Law stipulates that the copyright owner is the heir. Therefore, can the heir deny his or her inheritance rights? Please read VCD’s article for more detailed information.
1. Inheritance of copyright
Copyright is the right of organizations and individuals to works they create or own. Copyright includes personal rights and property rights, some of which can be inherited according to the provisions of civil law.
An individual’s assets can be objects, money, valuable papers, and property rights, with property rights included in copyright. Therefore, when the individual who owns the copyright dies and leaves his or her assets to his or her heirs, the copyright will naturally become an inheritance.
Article 40 of the Intellectual Property Law has regulations on copyright owners being heirs, specifically:
“Organizations and individuals that inherit copyright rights according to the provisions of the law on inheritance are the owners of the rights specified in Article 20 and Clause 3, Article 19 of this Law.”
Accordingly, the person who inherits according to the will or law will become the owner of these inheritances. However, the heir does not inherit all copyright but is only the owner of the rights to publish the work and the property rights in the copyright.
2. Refuse to inherit the work
On that basis, Article 40 of the Intellectual Property Law stipulates that individuals can inherit copyright, but only certain rights. Regarding moral rights, individuals can only inherit the right to publish the work or allow others to publish the work. Other personal rights cannot be inherited because these rights are attached to each individual, usually name, reputation, honor, dignity… only that individual can exercise. As for property rights, they are fully inherited according to the provisions of law like the author or original copyright owner of the work, specifically the following rights:
- Making derivative works;
- Performing works in public;
- Copying works;
- Distributing or importing originals or copies of works;
- Communicate works to the public by wire, wireless, electronic information networks, or any other technical means;
- Rent originals or copies of cinematographic works and computer programs.
Refusal to receive inheritance is carried out according to the provisions of the Civil Code 2015. Accordingly, the heir has the right to refuse to receive the inheritance. The refusal to receive the inheritance must be made in writing and must be expressed before the time of inheritance division specified in Article 620 of the Civil Code as follows.
“1. The heir has the right to refuse to receive the inheritance, except in cases where the refusal is to avoid performing his or her property obligations to others.
2. Refusal to accept the inheritance must be made in writing and sent to the estate manager, other heirs, and the person assigned to divide the estate for information.
3. Refusal to accept the inheritance must be expressed before the time of division of the inheritance.”
Meanwhile, individuals have the right to refuse to accept inheritance as copyright and must comply with the conditions prescribed by the Civil Code. In case the heir refuses to accept the inheritance and the work is still within the protection period, the work will belong to the State according to the provisions of Intellectual Property Law.
