Estate Planning for Copyrights

Implementing an estate plan for people with interest in artistic works requires estate planning attorneys to consider various strategies to protect the value of an artist’s creations during life and after death. This advice holds no true no matter if a person is an artist of literary works, paintings, music, architecture, or other creations. Understanding copyright law and how to implement it into a person’s estate plan is just one of these many important considerations.

The Importance of Proper Registration

Since 1978, copyright has come into existence for works that are original and made in any medium of expression. Enforcing a copyright, however, is dependent on registration with the United States Copyright Office. People who are interested in transferring interest in a copyright can do so in one of several ways. Failure to properly register your trademark will likely result in ownership of the mark being lost even before your passing.

Keeping All Important Paperwork Centralized

After registering a copyright, an estate planning attorney can work with the mark’s creator to make sure that all documents about the work are located in one central place. With sufficient registration, copyright owners can also make sure that they collect statutory damages and attorney’s fees in case of infringement. With timely registration, a copyright owner can make sure that he or she receives the proper amount of statutory damages and attorney’s fees in case of infringement. Because it can be difficult to determine which paperwork is essential, a skilled estate planning attorney can be helpful with these issues.

Protecting the Mark After the Creator’s Death

After registering a copyright, another important element is how to protect the mark after the death of the mark’s creator. Copyright is a group of rights granted to the mark’s creator, including the ability to display, perform, reproduce, sell, and transfer original works. To be successful, an estate plan must be created with the understanding that copyright is a group of rights. Our legal counsel can also help make sure that each of these powers is transferred to the mark creator’s chosen party.

Working Around Revocability Issues With Copyrights

A key aspect of estate planning with a copyright is understanding that the transfer or assignment of a copyright is not automatically irrevocable. As a result, it is important to make sure that the party to whom ownership of the mark is transferred is able to remain the holder of the mark and that events will not arise that can remove this ownership.

Contact a Seasoned Oklahoma Estate Planning Attorney

Making sure that copyright ownership is done properly is just one of the many complicated issues that can arise for artists and mark owners. If you are involved in estate planning concerning these issues, it is vital that you contact a skilled attorney. Jim A Lyon is a seasoned Oklahoma estate planning attorney who understands how to help you fully achieve your various estate planning goals. By contacting attorney Lyon, you can make sure that you have the legal assistance necessary to fully plan for these issues.