In Tennessee, if a person has an unregistered copyright, and they pass away intestate (with heirs - wife and kids), what must be done to transfer the copyright?
USC Title 17 Chapter 2 §204 says:
(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.
It's my understanding (correct me please if I'm wrong or misunderstanding) that intestate death (in Tennessee) results in the transfer by "operation of law" to the heirs, similar to how joint tenancy with right of survivorship works.
So does this mean that the heirs already legally hold the copyright and can transfer it? Or does the estate (consisting only of the copyright) have to be probated?
USC Title 17 Chapter 2 §204 says:
(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.
It's my understanding (correct me please if I'm wrong or misunderstanding) that intestate death (in Tennessee) results in the transfer by "operation of law" to the heirs, similar to how joint tenancy with right of survivorship works.
So does this mean that the heirs already legally hold the copyright and can transfer it? Or does the estate (consisting only of the copyright) have to be probated?