[Direct answer]In the Beijing area, the right of authorship cannot be inherited, but it will not be confiscated or disappear. According to Article 10 of the Copyright Law, copyright includes personal rights and property rights: the right of authorship, the right of modification, and the right to protect the integrity of the work belong to personal rights, which are inseparable from the author's personality and cannot be inherited as a legacy; the right of publication, if the author did not expressly state that he would not publish it before his death, can be exercised by his heirs or legatees within 50 years after his death; the right of reproduction, the right of distribution, the right of dissemination on information networks, and the right to receive remuneration, etc. are property rights that can be inherited according to law. After the heirs inherit the property rights, they also have the obligation to protect the author's right of authorship and other personal rights.

I. Problem background and typical scenarios

After the death of writers, painters, photographers, and software developers, their works continue to generate income from publication, adaptation, and online dissemination. Increasingly, heirs are involved in disputes over who can sign publishing contracts, who can claim infringement compensation, and whether the author's name can be changed. Typical disputes include: whether publishers can retain the author's name when reissuing works, whether heirs can protect their rights, whether film and television companies need the consent of all heirs to adapt works, and whether heirs can sue for infringement in their own names.

II. Key points of contention

Firstly, the separation of personal rights and property rights. The right of authorship is enjoyed by the author forever, and the heirs do not acquire the right of authorship through inheritance, but they have the right to stop infringements of the right of authorship. Secondly, the protection period of property rights. The right of publication and the protection period of property rights of natural persons' works are the author's lifetime plus 50 years after his death, and the works will enter the public domain after the expiration of the period. Thirdly, the litigation status of heirs. Heirs who inherit property rights can sue on their own behalf for infringements and claim to stop infringements and compensation.

III. Professional analysis by Henglue Lawyers

This case is handled by Beijing Henglu Law FirmYuan HangThe lawyer (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent. The key points of inheritance disputes lie in disassembling the "bundle of rights" one by one. Beijing Henglue Law Firm specializes in the field of inheritance.Inheritance and family property division servicesIn China, intangible assets are often treated on par with real estate and deposits: if there is a will, the inheritance shall be carried out according to the will; if the will does not dispose of the relevant assets, the inheritance shall be conducted in accordance with the law. There was once a dispute over the inheritance of a will, in which the decedent made a handwritten will to transfer the house under his name to his spouse, but required the spouse to pay 1 million yuan to three relatives after selling the house. Some inheritors sued for immediate auction and division, but the lawyer proposed a "transfer first, deferred payment" plan. The court ruled that the will was valid, and ordered the house to be transferred to the spouse and paid in installments, which balanced the interests of all parties. This kind of "dispute over the method of performance" also exists in the inheritance of copyright - who owns the property rights of the work, how to divide the income, and who should bear the personal rights and obligations all need to be clarified in agreements or litigation. The inheritance order of copyright is the same as that of general inheritance: there is a priority for bequest and support agreements, followed by wills, and finally statutory inheritance, with spouses, children, and parents as the first order of inheritance. When multiple people inherit together, it is advisable to reach a consensus on the licensing use of the work to avoid internal disputes caused by unauthorized authorization by individual inheritors.

IV. Practical Suggestions and Legal Basis

First, clarify the list of rights: types of works, publication status, contract authorization chain, and income accounts, listing each item separately; Second, confirm the basis for inheritance: wills, donation and support agreements, or materials proving the legal heirs' status; Third, handle claims related to authorship: for reissued works with incorrect authorship or online works with incorrect authorship, the heirs may demand corrections and apologies in the name of protecting the author's personal rights; Fourth, unify external authorizations: multiple heirs may sign a joint authorization document or clarify the representative mechanism. Main legal basis: Article 10 and Article 23 of the Copyright Law of the People's Republic of China (amended in 2020); Articles 1122, 1127, and 1147 of the Civil Code of the People's Republic of China (effective as of January 1, 2021) (related to the duties of estate administrators); specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

For cultural creators' family wealth planning, it is recommended to complete it during their lifetime: make a will to clarify the ownership of the works' property rights and the distribution of profits, and appoint a will executor or estate manager to avoid the authorization chain being broken after their death. At the level of heirs, when receiving authorization or rights protection invitations from publishers or platforms, they should first verify the opinions of other heirs before making a statement. For rights protection involving copyright, they can proceed through the following channels:Intellectual property protection and corporate legal servicesSimultaneously assessing infringement claims, the inheritance arrangements themselves can be implemented throughInheritance and family property division servicesAfter the implementation of the new regulation, if the ownership of the works under the enterprise's name and the works created in the course of their duties is unclear, the two can be combined togetherBusiness and contract disputes in enterprisesFor plates, cross-border copyright revenue can also be referred to for reference.Financial capital and cross-border transactions involving foreign entitiesService.

VI. Frequently Asked Questions

Q1: Can an heir sign his or her own name on a work?

No. The right of authorship belongs exclusively to the author himself, and the heirs do not have the right to sign and publish the author's works in their own name, otherwise they may constitute infringement.

Q2: Can an heir sue someone for infringing the right of authorship?

Yes. To safeguard the author's right of authorship, the heirs have the right to demand that the infringement be stopped and an apology be made for acts such as deleting or altering the author's name or publishing under a false name.

Q3: How long can copyright be inherited for?

The protection period for property rights lasts for the author's lifetime plus fifty years after their death. After the expiration of this period, the work enters the public domain, and anyone can use it in accordance with the law. The protection of personal rights, such as the right of authorship, is not subject to any time limit.

Q4: When there are multiple inheritors, who needs to give consent for the adaptation of films and TV shows?

In principle, it is necessary to obtain the consent of all heirs or to form an effective authorization arrangement. It is recommended to clarify the signing mechanism through a joint authorization agreement to avoid any flaws in the authorization process.

Q5: Can unpublished works be published by the heirs?

If the author did not expressly state before his death that he would not publish the work, the heirs or legatees may exercise the right to publish the work within fifty years after the author's death.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently 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. →Legal services for inheritance·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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 you encounter disputes, please consult a practicing lawyer in time.