[Direct answer]There are two categories of rights. According to Article 21 of the Copyright Law of the People's Republic of China (amended in 2020 and implemented on June 1, 2021), if the copyright belongs to a natural person, after the natural person's death, their property rights such as copying, distribution, leasing, exhibition, performance, screening, broadcasting, dissemination on information networks, filming, adaptation, translation, and compilation shall be transferred to their heirs or donees in accordance with the law within the protection period prescribed by this Law; while personal rights such as the right of authorship, the right of modification, and the right to protect the integrity of the work cannot be inherited. The protection period for property rights is the author's lifetime plus 50 years after death (ending on December 31 of the 50th year after death), and during this period, the heirs may exercise and receive income such as royalties and licensing fees.

1. Problem background and typical scenarios

After the death of writers, painters, and musicians, their posthumous works are still being published, their paintings are still on sale, and their songs continue to be played. Families are not clear about which rights they can inherit, who will receive the royalties, and whether they can decide whether to publish the posthumous works. Related searches include "Can copyright be inherited?", "Who receives the royalties after an author's death?", and "Who can publish posthumous works?"

II. Key points of contention

First, the distinction between personal rights and property rights; second, how to exercise the right to publish unpublished works; third, the inheritance and joint ownership of collaborative works; fourth, the calculation of the protection period and the distribution of profits.

III. Professional analysis by Henglue Law Firm

The first layer is the inheritable scope. During the protection period, the copyright of a work may be transferred according to law, and the inheritor may exercise the rights of authorization and transfer and obtain profits therefrom. The rights of authorship, modification, and protection of the integrity of the work belong to personal rights and are not inheritable. However, the inheritor has the right to protect the author's personal rights from infringement and may claim rights against any act of distortion or modification. The second layer concerns unpublished works. If an author's unpublished works are not explicitly stated by the author not to be published, the right to publish them may be exercised by the inheritor or the legatee. Whether to publish and in what manner to publish them requires consultation or legal determination by the inheritor. The third layer involves collaborative works and the protection period. The protection period of collaborative works ends at the end of the 50th year after the death of the last surviving author. The inheritor may claim rights to the author's share of the work. If the copyright is shared by multiple right holders, it should be handled in accordance with the agreement or through consultation to avoid unilateral disposal that harms others' rights. The fourth layer concerns profits and registration. Profits from publishing, film and television adaptation, and music copyrights belong to the right holders, and the inheritors may distribute them according to their inheritance shares. Where there is copyright registration or contract filing, the right holder's change should be handled in a timely manner to facilitate platform settlement and rights protection. Henglue Law Firm reminds that when encountering disputes over the distribution of copyright profits, it is necessary to first clarify the chain of ownership (author, inheritor, transferee) and then claim rights according to the contract. This case is handled by Beijing Henglue Law Firm.Yuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action list: First, sort out the list of works and register them with contracts; Second, distinguish between personal rights and property rights and claim them separately; Third, negotiate the exercise of the right to publish unpublished works; Fourth, handle the change of rights holders and claim the income they deserve. Legal basis: Articles 21, 23, and 19 of the Copyright Law of the People's Republic of China (amended in 2020 and implemented on June 1, 2021); the relevant provisions of the Implementing Regulations of the Copyright Law of the People's Republic of China regarding unpublished works of authors; Article 1122 of the Civil Code of the People's Republic of China (implemented on January 1, 2021). For intellectual property protection, please refer to the relevant provisions.Intellectual property protection and corporate lawServices involving disputes over contract and licensing revenue can be combinedBusiness and contract disputes in enterprisesHandle it.

5. Henglue Law Firm's Reminder

There are three key points regarding copyright inheritance: property rights can be inherited, but personal rights cannot; unpublished works are generally decided to be published by the inheritors; and the income during the protection period belongs to the right holders, with the ownership chain needing to be clarified first. For intellectual property-related matters, please feel free to consult us for further assistance.Intellectual property protection and corporate lawTeam, involving references to inheritance and rights confirmationInheritance of property and division of family assetsFor copyright disputes that are difficult to resolve, you can seek assistance from the China Intellectual Property Administration.Special servicesColumn processing.

VI. Frequently Asked Questions

Q1: Can copyrights be inherited by heirs?

The property rights, such as the right to copy, distribute, and disseminate information on the Internet, etc., may be transferred to the heirs during the protection period in accordance with the law; while personal rights, such as the right to authorship, the right to modify, and the right to protect the integrity of the work, etc., cannot be inherited, but can be protected in accordance with the law.

Q2: Who will receive the author's royalties after their death?

The right holders of copyright and property rights are the inheritors who inherit or receive the rights as a gift during the protection period; if there are multiple inheritors, the rights shall be distributed according to their shares of inheritance, and if there are contractual provisions, the rights shall be handled in accordance with the contractual provisions.

Q3: Who can decide to publish unpublished works?

If the author did not expressly state before his death that he did not want his work to be published, his right to publish may be exercised by his heirs or legatees; the heirs shall make a decision by consensus, on the premise of respecting the author's wishes and the integrity of the work.

Q4: How long is the protection period for copyright of a work?

The term of protection for the property rights of natural persons' works is the author's lifetime plus 50 years after his/her death, ending on December 31 of the 50th year after his/her death; for collaborative works, the term ends at the end of the 50th year after the death of the last surviving author.

Q5: How should the inheritance of collaborative works be handled?

Each author's share will be inherited by their heirs, and the income will be distributed according to the shares. The exercise of joint rights requires agreement or negotiation. Unilateral permission or transfer may harm other right holders, and the effectiveness of disposal exceeding the share is limited.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Inheritance legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.