Managing Intellectual Heritage: Beyond Material Assets

When facing the loss of a loved one who dedicated their life to art, writing, or music, heirs often find themselves managing a complex estate, comprised not only of tangible assets but also of intangible rights. As an expert succession lawyer in Milan, I deeply understand the delicacy of this moment: protecting the unpublished works of a deceased author means safeguarding their memory, reputation, and, of course, the economic value these can generate for the family.

The management of unpublished works raises intricate legal issues that require in-depth knowledge of both succession law and copyright law. Heirs often face doubts regarding the possibility of publishing discovered manuscripts, managing publishing contracts, or defending against unauthorized uses. Entrusting yourself to a competent professional is the first step in transforming a cultural heritage into a valued and protected resource.

The Regulatory Framework: Moral Rights and Economic Exploitation Rights

In Italy, the protection of intellectual works is primarily governed by Law 633/1941. When an author passes away, the law clearly distinguishes between moral rights and economic exploitation rights. Patrimonial rights, meaning the ability to economically exploit the work (publish, reproduce, sell it), are transferred to the heirs according to the normal rules of intestate or testamentary succession. This means that the right to profit from an unpublished work becomes part of the hereditary estate.

However, a crucial aspect concerns the right of publication of unpublished works. According to the regulations, unless the author has expressly stated otherwise during their lifetime (for example, through a will prohibiting publication), the right to decide whether and when to publish an unpublished work belongs to the heirs. It is essential to note that physical possession of the manuscript or the physical medium (e.g., a canvas or a music file) does not automatically confer the right of publication, which must be exercised jointly or according to precise shares, often creating complex scenarios of co-ownership of the estate.

Studio Legale Bianucci's Approach to Protecting Artistic Heritage

At Studio Legale Bianucci, located at via Alberto da Giussano 26 in Milan, we handle the succession of intellectual assets with a rigorous and sensitive methodology. The experience gained by Avv. Marco Bianucci as an expert succession lawyer allows us to offer heirs reliable guidance in navigating these processes. Our intervention is not limited to mere succession bureaucracy but delves into the strategy for managing artistic heritage.

Avv. Marco Bianucci's approach focuses on three fundamental pillars:

Firstly, analyzing the deceased's will and reconstructing the hereditary estate to precisely identify who holds the economic and moral exploitation rights. Secondly, drafting and negotiating publishing contracts and licenses: it is vital that agreements with publishing houses, galleries, or record labels are robust to ensure heirs receive fair economic recognition and control over the quality of dissemination. Finally, the firm handles the resolution of any disputes among co-heirs, always seeking, where possible, out-of-court solutions that preserve family harmony and the integrity of the artist's work.

Frequently Asked Questions

Can heirs publish a work that the author did not want to disclose?

The author's will is paramount. If the author has expressly forbidden the publication of a certain work or all of their unpublished works (e.g., through a will or other written document), the heirs cannot proceed with publication. In the absence of an express prohibition, the right to publish the unpublished work belongs to the heirs or legatees of the works themselves.

How are royalties from copyright divided among heirs?

Proceeds from the economic exploitation of works (royalties) are divided among the heirs in proportion to their respective inheritance shares, unless otherwise specified in the will. A co-ownership of economic exploitation rights is created, which follows the general rules of co-ownership of the estate.

What happens if heirs disagree on the publication of a work?

In case of disagreement among heirs regarding the publication of an unpublished work, the law provides that the decision can be referred to the judicial authority. The judge will assess the interests involved, often prioritizing the cultural valorization of the work, unless there are serious moral reasons to prevent its dissemination.

How long does copyright protection last for heirs?

The economic exploitation rights of a work last for the author's entire life and for 70 years after their death. At the end of this period, the work falls into the public domain and can be freely used, while still respecting moral rights, which are perpetual.

Request a Consultation at Studio Legale Bianucci

Managing intellectual heritage requires technical expertise and sensitivity. If you are the heir of an author and require assistance in protecting unpublished works, editorial contracting, or estate management, it is crucial to act with awareness. Avv. Marco Bianucci, an expert succession lawyer in Milan, is available to analyze your specific case.

We invite you to contact the firm to schedule an initial meeting at our office, located at via Alberto da Giussano 26. Together, we will evaluate the best strategy to protect and enhance the legacy of your loved ones.