Full question:
First, I live in Maryland but the trust of my deceased mothers resides in San Mateo County, California. My question is, who own the rights to the copyright of my deceased mothers book? She did not specify the 'copyright owner' in her will or trust. I have 3 brothers. Two of which, and myself, have a shared interest in my mothers estate. My mother kept the original of her book, a copy on a CD, locked away in her safe for 'safe keeping'. After she passed away, the digital copy was not there. My mother left 'her personal belongings' within her house, (as she believed to be furniture, household belongings...) to 3 teenage grandchildren. Now, 1 month ago, my daughter wrote to my brothers asking them for a copy of 'her grandmothers' book. She was told 'that there was not any to be had'. I have now received a letter from one of my brothers informing me that they have put the book on Amazon Kindle electronic book, for sale. They have done this with no prior authorization from myself or the trustee or the excuter of the estate. So my question is, who owns the rights to my mothers copyright book when not named in her trust? And do they need authorization from either myself or the excuter of the estate (whom was not made aware of this until the present). So who owns the rights and are they allowed to publish it without permission or offer it for sale without permission?
- Category: Copyrights
- Date:
- State: Maryland
Answer:
Copyright law generally protects a work during the author's life and then transfers to their heirs after death. In the U.S., copyright typically lasts for the author's life plus seventy years. If your mother did not specify the copyright owner in her will or trust, the copyright may be part of her residuary estate. This means it could be distributed according to the residuary clause of her will, if one exists.
The residuary estate includes all property not specifically bequeathed. If there is no will, the copyright would pass according to intestate succession laws in California, where her trust is located.
According to the U.S. Copyright Office, works created after January 1, 1978, are automatically protected from creation and last for the author's life plus an additional seventy years. If your mother’s book was created during her lifetime, it is likely still under copyright.
Your brothers cannot legally publish or sell the book without authorization from the estate's executor or trustee, especially since you have a shared interest in the estate. It's advisable to consult with a legal professional to address this situation and determine the next steps.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.