Succession in Economic Exploitation Rights of Works of the Mind

When dealing with the topic of hereditary succession, attention often focuses on material assets such as real estate or bank liquidity. However, in a culturally vibrant city like Milan, it frequently happens that the inheritance includes intangible assets of enormous value: copyright. As an expert lawyer in successions, Avv. Marco Bianucci understands that the management of works of the mind requires particular legal sensitivity, combining succession law with intellectual property legislation. Heirs of writers, musicians, visual artists, or software creators often find themselves disoriented by the complexity of managing royalties and protecting the deceased's work.

Italian copyright law (Law 633/1941) clearly distinguishes between moral rights and economic rights. Moral rights, such as the right to authorship of the work, are inalienable and imprescriptible: they serve to protect the author's personality even after their death and can be asserted by heirs to defend the integrity of the creation. The fate of economic rights, i.e., those that generate economic returns, such as royalties from the publication, performance, or reproduction of the work, is different. These rights fall into succession and have a limited duration, offering heirs a source of income that, however, requires careful and proactive management to avoid being lost.

The Regulatory Framework: Duration and Transfer of Rights to Heirs

The cornerstone principle established by current legislation is that the economic exploitation rights of a work last for the author's entire life and until the end of the seventieth calendar year after their death. This protection period allows heirs to benefit economically from the work of their relative for several generations. It is crucial to understand that, upon the author's death, economic rights are transmitted to the heirs according to the rules of the civil code on intestate or testamentary succession, unless specific provisions state otherwise.

However, the transfer is not always automatic or without obstacles. Often, the author, during their lifetime, may have assigned part of these rights to publishers, record labels, or producers through complex contracts. An expert lawyer in successions must therefore thoroughly analyze the pre-existing contractual situation to determine the exact extent of the rights that belong to the heirs. Furthermore, it is necessary to manage relationships with collective management organizations, such as SIAE, to ensure that payment flows are correctly redirected to the rightful successors.

The Legal Studio Bianucci's Approach to Protecting Intellectual Heritage

The Legal Studio Bianucci, located in the heart of Milan at via Alberto da Giussano 26, adopts a working method aimed at enhancing and protecting intellectual property that falls into inheritance. Avv. Marco Bianucci, with his consolidated experience in managing complex estates, assists heirs not only in the bureaucratic phases of the inheritance declaration but also in the long-term management strategy of rights. The goal is to transform an abstract right into a concrete resource.

Our intervention typically begins with a precise inventory of all works created by the deceased and the related publishing or assignment contracts still in effect. Subsequently, we handle the regularization of the heirs' position with respect to the users of the works and collecting societies. In the event of multiple heirs, Avv. Marco Bianucci provides advice for the creation of hereditary co-ownerships or management agreements that prevent disputes and decision-making stalemates, ensuring that the economic exploitation of the work continues smoothly. Legal protection also extends to defense against any plagiarism or unauthorized use, which is unfortunately frequent in today's digital world.

Frequently Asked Questions

Are copyrights to be included in the inheritance declaration?

Yes, the economic exploitation rights of works of the mind are part of the hereditary assets and must be indicated in the inheritance declaration. Their valuation can be complex, as it is based on the capitalization of presumed future income or the average of the compensation received by the author in the last years of their life. It is advisable to rely on a professional for a correct estimate to avoid tax penalties or excessive valuations.

What happens to copyrights 70 years after death?

At the end of the seventieth calendar year following the author's death, the work enters the public domain. This means that economic rights expire, and anyone can use, reproduce, or perform the work freely without having to pay any compensation to the heirs. However, moral rights remain in force, allowing heirs to object to deformations or modifications that could prejudice the author's honor or reputation.

How are royalties divided if there are multiple heirs?

If there is no will to the contrary, copyrights become part of the hereditary co-ownership, and royalties are divided among the heirs in proportion to their respective inheritance shares. The management of rights, such as consent for new publications or adaptations, often requires the agreement of co-heirs. To avoid decision-making paralysis, it is common practice to appoint a common representative or enter into a family pact that regulates the methods of administering the rights.

Can heirs withdraw from contracts signed by the author during their lifetime?

In general, heirs step into the deceased's contractual position and are bound by the agreements they entered into. However, the law provides for specific grounds for termination or withdrawal, for example, if the publisher fails to publish or distribute the work within certain deadlines, or if the work is allowed to fall into oblivion. An accurate legal analysis of the contracts is essential to verify whether the conditions exist to regain full control of the rights.

Protect Your Inheritance Rights Today

Managing an inheritance that includes copyrights requires technical expertise and a strategic approach to avoid dissipating the value created by your loved one. If you are the heir of an author or artist and need assistance with collecting royalties or protecting works, do not let time compromise your rights. Contact Avv. Marco Bianucci for a preliminary assessment of your situation. You will receive professional and transparent assistance aimed at ensuring the best possible valorization of your inherited assets.