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Transfer of Copyright from deceased relative

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2much412have

Junior Member
Texas

My mother's mother-in-law (my mom remarried), gave to my mother (hope that's not complicated) her copyright to a book. Just handed it over to her, no paperwork, nothing, just the ORIGINAL copyright document. Then my mother's mother-in-law passed away.

My mother and I have been working on a revision of the book (it's a cookbook) and recently my mother passed away. Before passing away, my mother gave me the rights to the copyright, just handed me the original copyright document.

Can I get this transferred into my name? If so, how do I do it?

Thanks!!! Texas is my residence, California is the copyright holder's state.
 


tranquility

Senior Member
Nope. None of the "transfers" are good. It looks like probate will be needed.
§ 204. Execution of transfers of copyright ownership

(a) A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent.

(b) A certificate of acknowledgment is not required for the validity of a transfer, but is prima facie evidence of the execution of the transfer if —

(1) in the case of a transfer executed in the United States, the certificate is issued by a person authorized to administer oaths within the United States; or

(2) in the case of a transfer executed in a foreign country, the certificate is issued by a diplomatic or consular officer of the United States, or by a person authorized to administer oaths whose authority is proved by a certificate of such an officer.
 

FlyingRon

Senior Member
The copyright hasn't been transferred. The document isn't the copyright itself, just a certificate that it has been registered. Possession of the certificate means nothing with respect to copyright ownership.

Your mother can't give you something she doesn't (yet) own.

There are two issues here. One is getting proper ownership of the copyright. To do that right requires probate most likely to transfer the rights from the deceased and then she can assign them to you.

The other issue is the recording of the assignment. Just recording it doesn't mean it's a valid transfer. Information on how to record it ids here: http://www.copyright.gov/circs/circ12.pdf
 

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