Who manages the copyright when the author dies?

Copyright is one of the important rights protecting the creative achievements of individuals. However, many people wonder, when an author dies, who will own the copyright and who will manage that right? This is a matter directly related to the exploitation, use, and protection of the work after the author’s death. This article from VCD will help you understand this clearly.

What rights are included in copyright?

Before understanding who manages copyright after an author’s death, it’s necessary to understand what rights are included in copyright and the scope of protection for each type of right. This helps determine precisely which rights can be transferred, inherited, or continue to be protected after the author’s passing.

According to the Intellectual Property Law, copyright is divided into two main groups: moral rights and property rights. Each group of rights has different legal characteristics and protection periods.

Moral rights

Moral rights are rights associated with the honor, reputation, and identity of the author. These rights reflect the spiritual connection between the author and the work they create. According to Article 19 of the Intellectual Property Law, the author’s moral rights 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 it

• The right to protect the integrity of the work

In general, moral rights are non-proprietary, attached to the author, and reflect the spiritual value of the creative activity. In most cases, these rights cannot be transferred to others and remain protected by law even after the author’s death, except for the right to publish the work.

Property rights

Besides moral rights, copyright also includes property rights, that is, rights with economic value that allow the owner to exploit and use the work for profit.

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

• The right to create derivative works

• The right to perform the work publicly

• The right to reproduce the work

• The right to distribute and import the original or copies of the work

• The right to communicate the work to the public

• The right to rent the original or copies of certain types of works

Unlike moral rights, property rights can be transferred, assigned, or bequeathed. This means that after the author’s death, the property rights to the work can continue to be exploited and generate economic benefits for the heir or copyright owner.

Who manages the copyright when the author dies??

When an author dies, the property rights to the work do not terminate but can be transferred to another person through inheritance. This means that the right to exploit and use the work continues to be protected and can be exercised by legal entities after the author’s death.

This is stipulated in Article 40 of the Intellectual Property Law: “Organizations and individuals who inherit copyright according to the provisions of the law on inheritance have the rights stipulated in Articles 19 and 20 of this Law.”

Therefore, when an author dies, the legal heir becomes the owner of the property rights to the work, with the right to manage, exploit, and permit others to use the work according to the law.

In practice, copyright after the author’s death is usually managed by one of the following entities:

The heir according to the will

If, before death, the author made a legally valid will clearly designating the heir to the property rights to the work, then the person designated in the will will be the one to manage and exploit the copyright.

According to the Civil Code, a will is an expression of an individual’s will to transfer their property to another person after death. In this case, property rights to the work are also considered a type of property that can be inherited.

For example: A writer can make a will bequeathing the right to exploit all of their works to their child. After the author’s death, the child has the right to:

• Sign a publishing contract for the work

• Transfer the right to exploit the work

• Allow other organizations or individuals to use the work

In this case, the heir under the will becomes the owner of the property rights to the work and has the right to manage the exploitation of the work within the scope permitted by law.

Legal heirs

In the case of an author’s death without a will, the inheritance of copyright will be carried out according to the provisions of the law on inheritance.

According to Article 651 of the Civil Code, legal heirs are determined according to different lines of inheritance. The first line of inheritance includes:

• The deceased’s spouse

• Parents

• The deceased’s children

Those belonging to the first line of inheritance will jointly enjoy the property rights to the work unless otherwise agreed. In that case, they can jointly manage the exploitation of the work or agree to appoint a representative to handle transactions related to copyright.

Having multiple owners of copyright to a work often requires the parties to agree on how to exploit, share benefits, and protect copyright, in order to avoid disputes.

Authorized copyright management organization

In addition to individual heirs, in some cases, copyright owners may authorize a collective copyright management organization to manage and exploit the work on their behalf.

According to Article 56 of the Intellectual Property Law, collective copyright organizations can perform activities such as:

• Representing copyright owners in licensing the use of works

• Collecting and distributing royalties, fees, and copyright payments

• Protecting the legal rights and interests of copyright owners

Authorizing these organizations helps to make the exploitation of works more professional, transparent, and efficient, especially for widely used works such as music, books, television programs, or digital content.

The above is the article “When an author dies, who manages the copyright?”. Hopefully, the information shared has helped you better understand the entity that has the right to manage and exploit a work after the author’s death, as well as the regulations related to copyright inheritance.

Sincerely,

FAQ