The Inheritance of Copyright
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Abstract
The article overlooks the inheritable rights and the ways of its realisation in the Republic of Lithuania. The author discusses the inheritance of copyright as one of the basis of transferring it to the third person. The moral author’s rights are not inheritable. The author highlights that legatee of copyright is claimed to be subject of copyright, but according to the extent of copyrights he differs from the primary subject of copyright (author) and from the contractual assignee of copyright. The inheritor of copyright is the absolute possessor of copyright, but his extent of rights is smaller: the moral rights do not transfer to inheritor. The inheritor can use the work of art but only if this person does not violate the author’s moral rights, though the inherited rights are valid the period prescribed in the law (in general cases – 70 years). The contractual successor differs from the inheritor – the latter is not bind by contract with an author, the right to use the work of art is not limited in time, the inheritor does not have an obligation to use the work of art.
The peculiarities of inheritance of different economic rights (the inheritance of droit de suite and of copyright transferred under the copyright agreement) are also discussed in this paper. While discussing the backgrounds of inheritance it is pointed that an author’s economic rights can be transferred according to the law or testament.
It is accented that inheritance of copyright is not associated with inheritance of the material form of work and vice versus. Natural persons and legal persons including the state also can inherit the copyright.
When the copyright in Lithuania is inherited by state it is notable that there is no subject (person) identified which can represent the state in such a case. The article also deals with the mechanism of realisation of inherited copyrights when copyrights are inherited by the few legatees and the problem of the realisation of right to the mandatory part of heritage when it consists the copyright.
The peculiarities of inheritance of different economic rights (the inheritance of droit de suite and of copyright transferred under the copyright agreement) are also discussed in this paper. While discussing the backgrounds of inheritance it is pointed that an author’s economic rights can be transferred according to the law or testament.
It is accented that inheritance of copyright is not associated with inheritance of the material form of work and vice versus. Natural persons and legal persons including the state also can inherit the copyright.
When the copyright in Lithuania is inherited by state it is notable that there is no subject (person) identified which can represent the state in such a case. The article also deals with the mechanism of realisation of inherited copyrights when copyrights are inherited by the few legatees and the problem of the realisation of right to the mandatory part of heritage when it consists the copyright.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
