Can copyright be inherited as an inheritance?

Hello. If the copyright belongs to a citizen, the term of protection of the property rights in the copyright is the life of the citizen plus 50 years after death, so when the citizen dies, the problem of copyright inheritance will inevitably occur. According to Article 19 of the Copyright Law of the People's Republic of China, after the death of a citizen, if the property rights in his copyright are within the protection period, they shall be transferred in accordance with the provisions of the Inheritance Law.

In other words, the property rights in copyright belong to the scope of a citizen's inheritance and can be inherited by his heirs in accordance with the provisions of the inheritance law. It should be noted that the moral rights in copyright cannot be inherited. After the death of a citizen, the right of authorship, the right of modification and the right to protect the integrity of the work may be protected by the heirs or legatees; If there is neither inheritance nor bequest of the copyright, the above three rights shall be protected by the copyright administrative department.

As for the right of publication, if the author does not expressly indicate that he will not publish the work during his lifetime, then the right of publication can be exercised by heirs or bequeathed within 50 years of the author's death; If there are no heirs and no one to be bequeathed, it is exercised by the owner of the original work. After the death of the author, the heirs or a third party can obtain the copyright and become the subject of copyright in accordance with the author's will, bequest and maintenance agreement or the provisions of statutory succession. Generally speaking, property rights in copyright can be inherited, but personal rights cannot be inherited.

However, there are different regulations from country to country on whether the heirs of the deceased can exercise the right of publication and whether they can enjoy the copyright of the posthumous works of the deceased in the case of unpublished works during his lifetime. The copyright laws of most countries stipulate that if the author has not published it during his lifetime and has not specified whether he or she will publish it in his will, the right to publish the posthumous work can be exercised by the author's heirs.

Hello, the property rights in copyright can be inherited as an inheritance. According to Article 1 of the Copyright Law, the property rights enjoyed by the copyright owner include: the right of reproduction, the right of distribution, the right of rental, the right of exhibition, the right of performance, the right of screening, the right of broadcasting, the right of information network dissemination, the right of filming, the right of adaptation, the right of translation, the right of compilation and other rights that should be enjoyed by the copyright owner.

If the copyright belongs to a citizen, after the death of the citizen, the property rights enjoyed by the citizen may be inherited within the protection period stipulated in the Copyright Law.

Legal Analysis: Copyright property rights can be inherited as inheritance, but moral rights cannot be inherited as inheritance. This is because Article 19, Paragraph 1 of the Copyright Law of the People's Republic of China stipulates that if the copyright belongs to a citizen, after the death of the citizen, the rights specified in subparagraphs (5) to (17) of the first paragraph of Article 10 of this Law shall be transferred in accordance with the provisions of the Law on Inheritance.

Legal basis: Copyright Law of the People's Republic of China

Article 19: Where copyright belongs to a citizen, after the death of a citizen, the rights provided for in items (5) to (17) of the first paragraph of Article 10 of this Law shall be transferred in accordance with the provisions of the Inheritance Law during the protection period provided for in this Law.

Where copyright belongs to a legal person or other organization, and after the legal person or other organization is changed or terminated, the rights provided for in items (5) through (17) of paragraph 1 of Article 10 of this Law are to be enjoyed by the legal person or other organization that inherits its rights and obligations during the period of protection provided for in this Law; Where legal persons or other organizations do not have their rights and obligations, they are enjoyed by the state.

Inheritance Law of the People's Republic of China Article 3 Inheritance is the personal legal property left behind by a citizen when he or she dies, including:

a) the income of citizens;

2) Citizens' houses, savings and daily necessities;

3) Citizens' forests, livestock, plums, and poultry;

4) Citizens' cultural relics, library materials;

5) the means of production that are permitted by law to be owned by citizens;

6) Property rights in citizens' copyrights and patent rights;

7) Other lawful property of citizens. Article 19: Where copyright belongs to a citizen, after the death of a citizen, the rights provided for in items (5) through (17) of the first paragraph of Article 10 of this Law shall be transferred in accordance with the provisions of the Inheritance Law during the period of protection provided for in this Law.

Hello, the property rights in the copyright of citizens can be inherited as inheritance. It mainly includes the right of reproduction, distribution, rental, exhibition, performance, screening, broadcasting, and information network dissemination.

In particular, the lawyer reminds that the personal rights in copyright, such as the right of publication, the right of authorship, the right of modification and the right to protect the integrity of the work, cannot be inherited as an inheritance.

Relevant Laws] Civil Code

Article 1122 An estate is the legal property of a natural person left behind upon his death.

Article 10 of the Copyright Law Copyright includes the following personal rights and property rights:

1) the right of publication, i.e., the right to decide whether the work is made public;

2) the right of authorship, that is, the right to indicate the identity of the author and sign the work;

3) the right to modify, that is, the right to modify or authorize others to modify the work;

4) the right to protect the integrity of the work, that is, the right to protect the work from distortion or tampering;

5) The right of reproduction, that is, the right to make one or more copies of a work by means of printing, copying, rubbing, audio recording, video recording, ripping, reproduction, digitization, etc.;

6) The right of distribution, that is, the right to provide the original or copy of the work to the public in the form of ** or gift;

7) The right to lease, that is, the right to permit others to temporarily use the original or reproduction of audiovisual works or computer software for a fee, except where the computer software is not the main subject matter of the lease;

8) The right of exhibition, that is, the right to publicly display the originals or reproductions of works of art or photography;

9) the right of performance, that is, the right to perform works in public, as well as the right to publicly broadcast performances of works by various means;

10) The right of screening, that is, the right to publicly reproduce art, photography, audio-visual works, etc., through projectors, slide projectors and other technical equipment;

11) the right of broadcasting, that is, the right to publicly communicate or retransmit works by wire or wireless means, as well as the right to communicate to the public the broadcast works through loudspeakers or other similar means of transmitting symbols, sounds or images, but excluding the rights provided for in item 12 of this paragraph;

12) the right of information network dissemination, that is, the right to make the work available to the public by wire or wireless means, so that the public can obtain the work at the time and place of its choosing;

(3) the right of filming, that is, the right to fix the work on the medium by means of filming an audiovisual work;

14) the right of adaptation, i.e., the right to change a work to create a new work of originality;

15) the right of translation, i.e. the right to convert a work from one language to another;

16) the right of compilation, that is, the right to assemble a work or a fragment of a work into a new work through selection or arrangement;

17) Other rights that shall be enjoyed by the copyright owner.

Copyright owners may permit others to exercise the rights provided for in items (5) through (17) of the preceding paragraph, and to receive remuneration in accordance with the agreement or the relevant provisions of this Law.

Copyright owners may transfer all or part of the rights provided for in items (5) through (17) of the first paragraph of this article, and receive remuneration in accordance with the agreement or the relevant provisions of this Law.

Hello, the property rights in the copyright can be inherited as an inheritance.

Manuscript fees and bonuses obtained based on the publication of citizens' works can be inherited as inheritance. Lawyers in particular remind that the personal rights in copyright, such as the right of publication, the right of authorship, the right of modification and the right to protect the integrity of the work, cannot be inherited as an inheritance due to their personal attributes.

The legal basis is to cover the spring late].

Article 1122 of the Civil Code of Wisdom Article 1122 An estate is the legal property of a natural person left behind upon his death.

Property rights in copyrights can be inherited. The property rights of copyrights shall be inherited in accordance with the provisions of the Inheritance Law during the term of protection stipulated in the Copyright Law. In other words, if the deceased has a will, he will inherit according to the will, and if he does not have a will, he will inherit according to the legal succession order.

Legal basis: Copyright Law of the People's Republic of China Article 19 Where the copyright belongs to a citizen, after the death of the citizen, the rights provided for in subparagraphs (5) to (17) of the first paragraph of Article 10 of this Law shall be transferred to the same place in accordance with the provisions of the Inheritance Law. Where copyright belongs to a legal person or other organization, after the legal person or other organization is changed or terminated, the rights provided for in items (5) through (17) of the first paragraph of Article 10 of this Law shall be enjoyed by the legal person or other organization that bears its rights and obligations during the period of protection provided for in this Law; Where legal persons or other organizations do not have their rights and obligations, they are enjoyed by the state.

Copyright is divided into moral rights and property rights. Among them, the moral right of the author cannot be inherited, while the property right of the author can be inherited. Heirs may enjoy property rights for a period of 50 years after the author's death.

In other words, for 50 years, heirs can use, publish, reproduce, and distribute the work and receive remuneration. However, the heirs cannot modify the content of the work.

Hello, distinguish between different situations. Exclusive rights such as the right of authorship and the right of modification in copyright cannot be inherited, but property rights such as manuscript fees and publication fees can be inherited under the inheritance.