[Direct answer]Generally, it is possible, but there are conditions. According to Article 17 of the Implementing Regulations of the Copyright Law of the People's Republic of China (amended in 2013), for works that the author did not publish during his lifetime and did not expressly state that he would not publish them, the right to publish them within 50 years after the author's death may be exercised by the heirs or legatees; if there are no heirs or legatees, it shall be exercised by the owner of the original work. The Copyright Law of the People's Republic of China (amended in 2020 and implemented on June 1, 2021) stipulates that the protection period for the right to publish and property rights of a natural person's works is the author's lifetime and 50 years after his death. Therefore, as long as the author did not expressly state that he would not publish them during his lifetime, his children, as heirs, can decide to publish them and claim corresponding remuneration within the protection period; if the author expressly stated that he would not publish them, they shall not forcibly publish them against his will.

I. Problem Background and Typical Scenarios

The manuscripts, paintings, diaries, and memoirs written by the elderly throughout their lives were not published during their lifetime. Their children want to fulfill their last wishes, but they are also worried about infringing on their father or mother's wishes and the rights of others. Some people even sell the originals directly to collectors as "items in the inheritance", which has led to family disputes. Manuscripts are not only property in the sense of ownership, but also bear copyrights. The two should be considered separately.

II. Key points of contention

Firstly, whether the ownership of the original manuscript is consistent with the ownership of the copyright, and the transfer of the ownership of the original does not necessarily mean the transfer of the copyright. Secondly, whether the right of publication can be exercised by the heirs depends on whether the author has explicitly stated that he does not want to publish the work. Thirdly, the calculation method of the protection period and the consequences after the expiration of the protection period. Fourthly, the restrictions when involving the privacy, reputation, or rights of third parties.

III. Professional analysis by Henglue Lawyers

The publication of manuscripts involves three layers of relationships: "property rights, copyrights, and inheritance". Henglue Lawyers usually clarify these issues in three steps. First, confirm the ownership of copyright and inheritance: the ownership of the original manuscript may belong to a certain heir, but the property rights and the right to publish in copyright belong to all heirs or legatees as a shared right. Before publication, it is necessary to obtain the unanimous consent of all heirs or handle it in accordance with legal procedures to avoid unauthorized authorization by individual heirs. Second, verify the author's intention: if the author explicitly stated before death that he/she did not want to publish the work, the heirs shall not publish it against his/her will; if no explicit statement was made, the right to publish can be exercised within 50 years after the author's death. Works beyond the protection period enter the public domain, and their use by others generally does not constitute infringement. Third, pay attention to boundaries: if the manuscript content involves the privacy or reputation of third parties, or includes illustrations or letters owned by others, corresponding authorizations must be obtained before publication, otherwise it may lead to infringement disputes. In addition, the income from publication is the realization of copyright property rights and belongs to inheritable property, which should be distributed among the heirs in accordance with the law. If the original manuscript is kept by one person, the custodian shall not appropriate it for his/her own use or dispose of it without authorization. When Beijing courts handle such disputes, they focus on reviewing the evidence of the author's intention, the scope of heirs, and the authorization basis for the publication behavior.

IV. Practical suggestions and legal basis

The first step is to convene all heirs to negotiate and form a written publication authorization and profit distribution plan. The second step is to collect evidence that the author did not expressly state that they did not want to publish, such as pre-death letters, chat records, and testimonies from relatives and friends. The third step is to review whether the manuscript content involves the privacy of third parties and the copyright of others, and to obtain authorization if necessary. The fourth step is to clarify the ownership of copyright, the method of authorship, and the distribution of royalties when signing a contract with the publisher. The main legal basis includes the provisions on the right of publication, property rights, and protection periods in the Copyright Law of the People's Republic of China (amended in 2020 and implemented on June 1, 2021), Article 17 of the Implementing Regulations of the Copyright Law of the People's Republic of China (amended in 2013), and Article 1122 of the Civil Code of the People's Republic of China (implemented on January 1, 2021); the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

There are three rules for publishing manuscripts: if the author does not object, the heirs can publish it within 50 years; the ownership of the original does not equal the ownership of the copyright, and publication requires the consent of all heirs; if the content involves other people's privacy or other people's works, authorization must be obtained first. For issues involving copyright inheritance and book publication, you can seek advice from a professional organization or a lawyer.Inheritance of property and division of family assetsThe service provides a comprehensive solution, which includes copyright licensing and protection against infringementIntellectual property protection and corporate lawFor reference, you can check the review of the publishing contract in the section on plate tectonicsBusiness and contract disputes in enterprisesThe column provides consultation on inheritance documents and notarizationSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Can children directly publish their parents' manuscripts?

It's allowed, provided that the author hasn't explicitly stated that he/she doesn't want the work to be published. However, the right to publish should be exercised on behalf of all the heirs, and the distribution of profits should be negotiated among them to avoid disputes caused by individual heirs granting authorization independently.

Q2: What evidence materials are required?

The original manuscript, preservation certificates, evidence of the author's wishes such as letters or chat records during his lifetime, proof of family relationships and the scope of heirs, and the text of the publishing contract, etc., are used to prove the authorization basis and the subject's qualifications.

Q3: How much does it cost to publish a book?

The fees depend on the form of publication. For self-published books, the editing, proofreading, and printing costs are borne by the client. Lawyers assist in reviewing authorizations and contracts on a per-item basis, and disputes over profit distribution are calculated based on the subject matter of the contract.

Q4: How long is the protection period?

The term of protection for the publishing rights and property rights of natural persons' works is the author's lifetime and 50 years after their death, ending on December 31 of the 50th year; after the expiration of the term, the works will enter the public domain.

Q5: What should I do if the heirs have different opinions?

First, negotiate with the other party. If no agreement can be reached, you may request to divide the property rights in the copyright or file a lawsuit regarding the distribution of profits. The court will handle the matter based on the inheritance shares and the contributions made by each party.

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

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

Disclaimer: This article is compiled based on current laws and regulations and publicly available 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. In case of disputes, please consult a practicing lawyer in time.