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Dealing with Problems in Copyrights Bequeathed by an Author's Will
Bequeathing an interest in a copyright can involve a conflict between federal copyright law and state probate laws. The conflict may result in a situation in which it isn't clear whether the executor of the estate or the beneficiary of the specific bequest should deal with the property at various times. Specific terms in a will concerning a bequest of a copyright interest can avoid a possible dispute.
Assume the following: Well-published Mr. Author, by last will and testament, bequeaths the copyright interest in his most recent book to six people. He bequeaths a 30% interest in the copyright to Party A ' the executor and literary executor named in the will ' a 40% interest to Party B, and the interest in the other 30% equally to the C, D, E and F.
The will was duly probated and the executor issued Letters Testamentary. There is immediate and widespread interest by several publishing companies in publishing the book. Party B, having assisted Mr. Author, in a small way with the research on the book, through his lawyer, Attorney B, insists that he should be able to deal with his copyright interest while the estate is being administered. Attorney B and Party B note that a joint copyright owner cannot grant an exclusive right in the property without the consent of the other joint copyright owners.
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