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Understanding Author's Widow or Widower [Copyrights]: Legal Definitions and Rights
Definition & Meaning
The term "author's widow or widower" refers to the surviving spouse of an author at the time of their death, as recognized by the laws of the author's home state. This definition applies regardless of whether the surviving spouse has remarried after the author's passing.
Table of content
Legal Use & context
This term is primarily used in copyright law, which governs the rights of authors and their heirs. It is important in determining who holds the copyright to an author's works after their death. The author's widow or widower may have legal rights to manage or benefit from these works, including the ability to license them or receive royalties. Users can often find relevant legal forms on platforms like US Legal Forms to assist with copyright management and inheritance issues.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, if an author passes away and their spouse is still living, that spouse is considered the author's widow or widower. They would have the rights to the author's unpublished works and may also receive royalties from previously published works. (hypothetical example)
Relevant laws & statutes
According to 17 USCS § 101, the definition of "author's widow or widower" is established within the context of copyright law. This statute outlines the rights of surviving spouses regarding an author's works.
State-by-state differences
State
Details
California
Recognizes community property rights, which may affect the distribution of the author's works.
New York
Follows elective share laws that may influence the widow or widower's rights.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Author's Estate
The total assets and rights of the author after their death, including copyrights.
Heir
Any person entitled to inherit the author's property, which may include the widow or widower.
Common misunderstandings
What to do if this term applies to you
If you are the surviving spouse of an author, it is important to understand your rights regarding the author's works. Consider consulting a legal professional for personalized advice. Additionally, you can explore US Legal Forms for templates that can help you manage copyright issues effectively.
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