QUESTION
Is copyright inheritable under Louisiana law?
Asked on Aug 16th, 2011 on Intellectual Property - Tennessee
More details to this question:
My son, a musician/singer/songwriter, died suddenly two years ago without a will. I understand that his songs and music which he recorded are automatically copyrighted. He was a legal resident of Louisiana. As his legal heir, did I inherit the rights to his music?
2 ANSWERS
Copyrights are considered under the law as personal property (as compared to real property which is fixed in one location). You son's personal property would pass according to the laws of the State of Louisiana to his intestate heirs. I am not licensed in the State of Louisiana, but if intestate laws were the same as Tennessee, your son's intestate heirs would possibly be his spouse (if any), his children (if any) and if none of the foregoing, then to both of his parents. It will be important that you consult a Louisiana attorney to determine what options may exist with respect to your possible rights to these copyrights and what types of probate proceedings are possible.
Answered on Sep 13th, 2011 at 12:34 PM
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1 Award
I am not admitted to the LA bar. As a general matter, copyrights pass with the estate of the owner like any other property of the owner at the time of his death. Like other personal property, title to such property -- which is generally considered to be "probate property" -- does not automatically pass to heirs; rather, the heirs or a representative of the deceased needs to commence a probate or administration proceeding to obtain a court order declaring how the property will pass. In any event, you acquire no greater rights than the owner, which means that you take those rights subject to any claims of infringement, any defects in registration (or non-registration), etc. that your son had. If it is important to you to be able to exercise your son's copyright rights, you should engage the services of an attorney in the parish where he died.
Answered on Aug 23rd, 2011 at 3:50 PM