What happens to copyright after someone dies?

In Plain English

When someone who owns a copyright dies, the copyright doesn't just disappear. Instead, it's treated like any other property they own. Here's what happens:

  • Who Gets It? If the person who died had a will, the copyright usually goes to whoever they named in their will to receive it. If there's no will, it goes to their legal heirs according to the laws of inheritance.
  • How Long Does It Last? Generally, for original works, sound recordings and films, copyright lasts for 70 years after the creator's death, provided the work was made public before January 1, 2019. If the work was never made public or was first made public on or after January 1, 2019, different rules apply as outlined in the Copyright Act 1968.
  • Moral Rights: Even after death, some rights of the creator, called "moral rights," can still be enforced by their legal representatives. These rights include the right to be credited for their work and the right to prevent their work from being altered in a way that harms their reputation.

Detailed Explanation

The Copyright Act 1968 provides specific guidance on what happens to copyright upon the death of the copyright holder:

  • Vesting of Copyright: Section 197(2) states that when a copyright comes into existence and the person entitled to the copyright is deceased, the copyright devolves as if it had subsisted immediately before their death and they were the owner at that time. This means the copyright becomes part of the deceased's estate.
  • Copyright Passing Under Will: Section 198 addresses situations where a person is entitled to the manuscript of a literary, dramatic, or musical work, or an artistic work, through a will. Unless the will indicates otherwise, the bequest is read as including the copyright in the work, provided the work was unpublished before the testator's death and the testator owned the copyright immediately before death.
  • Duration of Copyright: The Copyright Amendment (Disability Access and Other Measures) Act 2017 amended the Copyright Act 1968 regarding the duration of copyright. Section 33 outlines the duration of copyright in original works. For works first made public before 1 January 2019, copyright generally lasts until 70 years after the end of the calendar year in which the author died. Different rules apply to works never made public or first made public on or after 1 January 2019, as detailed in the Act. Section 93 provides similar rules for sound recordings and films, with copyright generally lasting until 70 years after the calendar year in which the material was first made public if that was before 1 January 2019.
  • Moral Rights: Sections 195AN and 195ANA discuss the duration and exercise of an author's and performer's moral rights. Moral rights, except for the right of integrity of authorship in a cinematograph film, can be exercised and enforced by the author's or performer's legal personal representative after their death. The right of integrity of performership continues until the performer dies.