The inheritance of copyright is carried out in accordance with the provisions of the Inheritance Act. Upon the death of the author, the copyright passes to their heirs – by operation of law or by will.

In cases where the author has no heirs or they die before the expiry of the term of protection, the copyright passes to the State. If the deceased author or an heir of theirs was a member of a collective rights management organisation, the organisation continues to exercise those rights until the expiry of the term of protection.

Copyright is protected for as long as the author is alive and for a period of 70 years after their death.

Term of inheritance of copyright
Copyright is inherited only within the term of its protection. This means that it cannot be inherited for an unlimited period, unlike real estate or company shares. Upon the expiry of this term, the heirs’ rights in the work cease.

The subject matter of copyright is any work created in the field of literature, art or science that is the result of creative activity. This includes:

  • literary, musical and stage works (dramatic, musical-dramatic, choreographic, etc.);
  • films, designs, works of fine art;
  • photographic works and architectural designs.

Special rules on the terms of protection
The terms of protection of copyright depend on the type of work and are calculated as follows:

  • For works of joint authorship: the term begins from the date of death of the last surviving co-author.
  • Musical works with text: the term runs from the death of the last to die of the author of the music and the author of the text, regardless of whether they were co-authors, provided that the works were created for joint use.
  • Anonymous or pseudonymous works: the term begins from the first disclosure of the work. If the author becomes known during this period, the term is calculated from the date of their death.
  • Computer programs and databases: the term begins from the date of first disclosure.
  • Films and audiovisual works: the term is calculated from the date of death of the last survivor among the director, the screenwriter, the cinematographer, the author of the dialogue and the composer, if the music was created specifically for the film.
  • Periodicals, encyclopaedias and collections: the term begins from the disclosure of each part or volume separately.

All these terms are calculated from 1 January of the year following the relevant event – the death of the author or the disclosure of the work.

Economic and moral rights in inheritance
Copyright includes both economic and moral rights. There are specific restrictions on inheritance:

  • the heirs may not alter the work or grant this right to other persons.
  • the heirs may not halt the use of the work on account of changes in their convictions.

These moral rights are not subject to inheritance and are extinguished upon the death of the author.

Free use of works after the expiry of protection
Upon the expiry of the term of protection, copyright works become publicly available and may be used freely. The heirs can no longer object to their use or claim remuneration for it.

If you need legal advice and protection of your inheritance rights, contact us on tel.: 0887550706 or by e-mail: [email protected]