[Direct answer]Yes. Unsettled royalties and licensing fees are the authors' right to request compensation under publishing and licensing contracts, which have property value and are considered inheritable property as stipulated in Article 112 of the Civil Code of the People's Republic of China (effective January 1, 2021). The Copyright Law of the People's Republic of China (amended in 2020 and effective June 1, 2021) also stipulates that the property rights in copyright can be inherited within the protection period. The protection period for the publication rights and property rights of natural persons' works is the author's lifetime and 50 years after his/her death. The heirs can claim royalties settlement, license use, and infringement prevention during the protection period. When claiming, it is necessary to distinguish between "already generated but unpaid claims" and "potential future income". The former can be claimed directly, while the latter should be handled in accordance with the contract and the protection period.

I. Problem Background and Typical Scenarios

The author's works are still being printed, distributed, or serialized on platforms at the time of his death. At the time of his death, the publisher and platform still have unpaid royalties or licensing fees; when the family goes to claim them, the other party often delays by citing reasons such as "the contract was signed by the author himself" and "the sales figures need to be confirmed by the author himself". The royalties and licensing fees are both contractual claims and involve the inheritable property rights in copyright. Only by clarifying these two aspects can effective claims be made.

II. Key points of contention

Firstly, the legal nature of the royalties for manuscripts—are they contractual claims or compensation for copyright? Secondly, the scope of inheritance: property rights can be inherited, while personal rights such as the right of authorship are generally not inheritable. Thirdly, the calculation of the protection period and the handling of overdue payments. Fourthly, the basis for settlement: sales volume, print run, and the verification method of accounts.

III. Professional analysis by Henglue Lawyers

The key to such claims lies in qualification and evidence. First, qualification: Copyright includes personal rights and property rights. Personal rights other than the right of publication are generally enjoyed by the author and do not fall within the scope of inheritance; property rights and royalties arising from publishing and licensing contracts can be claimed by the heirs as part of the estate. Second, scope definition: Royalties and royalties that have occurred but not yet been paid constitute definite claims and can be directly claimed for payment; if the contract stipulates that royalties will be settled based on sales in the future, the heirs can claim according to the contract during the protection period or negotiate a lump-sum settlement with others. Third, protection period: The protection period for the right of publication and property rights of natural persons' works is the author's lifetime and 50 years after his death, ending on December 31 of the 50th year; during this period, the heirs can claim permission to use and compensation for infringement. Fourth, evidence and verification: Evidence such as publishing or platform contracts, royalty agreements, sales and print records, settlement invoices, and collection records should be collected. If necessary, an account reconciliation or audit should be applied for to clarify the outstanding amounts. When Beijing courts handle such disputes, they usually determine the payable remuneration based on the contract stipulations and actual performance, and for those without contract stipulations, they determine it based on industry practices and comprehensive evidence.

IV. Practical suggestions and legal basis

The first step is to sort out the publishing, licensing, serialization contracts, and royalties terms signed by the author during his lifetime; the second step is to request a settlement from the publisher or platform in writing, and require them to provide sales data and account details; the third step is to prepare death certificates, proof of kinship, and materials related to inheritance rights to clarify the inheritor's legal status; the fourth step is to initiate legal action against the party refusing to settle the account within the statute of limitations. Main legal basis: Articles 112 and 127 of the Civil Code of the People's Republic of China (effective January 1, 2021), and the provisions on copyright ownership, property rights, and protection periods in the Copyright Law of the People's Republic of China (amended in 2020 and effective June 1, 2021). Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

There are three key points regarding the inheritance of royalties and fees: unpaid royalties and fees constitute creditor's rights and can be claimed directly; property rights can be inherited, but personal rights such as authorship cannot be inherited; and claims must be made within the protection period of 50 years, with contracts and sales receipts serving as key evidence. For matters involving royalties and fees and the rights to works, legal action can be taken through the following channels:Inheritance of property and division of family assetsWe provide a comprehensive solution for services, which involves the combination of copyright and contract performanceIntellectual property protection and corporate lawFor disputes over publishing and licensing contracts, you can refer to the following cases for referenceBusiness and contract disputes in enterprisesFor columns involving the settlement of authors' royalties, the relevant information can be combined together.Creditor's rights and debts, and enforcement板块。

VI. Frequently Asked Questions

Q1: Are unpaid royalties for manuscripts considered part of the estate?

It is. Its nature is the author's right to request compensation according to the contract, which has property value and belongs to inheritable legal property. The inheritors can require the publisher or the platform to settle the account and make the payment.

Q2: What evidence is required to support this claim?

Output: Publishing or licensing contracts, royalties standards, sales and print run records, settlement statements and correspondence, collection records, as well as death certificates, proof of kinship, and materials related to inheritance rights.

Q3: How much does it cost?

Lawyer's services are charged based on the nature of the case and the subject matter, and litigation fees are calculated in stages according to the amount of the dispute. For cases with a small subject matter, the cost is limited, but the fees will increase correspondingly for cases involving audits and appraisals.

Q4: How long can we trace back the history of this product?

The protection period for copyright and property rights lasts for the author's lifetime and 50 years after their death, and claims can be made during this period. The statute of limitations for specific claims is generally three years. It is necessary to assert claims and preserve evidence of the demand in a timely manner to avoid exceeding the time limit.

Q5: What should I do if the publisher refuses to settle the payment?

First, send a written reminder and request the seller to provide sales data and financial records, and keep the communication records. If the seller still refuses to settle the payment, you can hire a lawyer to file a lawsuit and, if necessary, apply for a reconciliation or audit to determine the amount owed.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

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.Legal services for inheritance·Beijing Henglue 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.