Explicitly include copyrights to your images in your will
laryn — Tue, 02/02/2010 - 11:08
There's an interesting thread over at MicrostockGroup regarding how to leave your royalties to your loved ones after you die. Not something you have probably thought about very often! The short form is that your beneficiaries will have to provide relevant legal paperwork to the agencies in order for the accounts to be transferred to them, so if you have a will, make sure to explicitly include the copyrights to your images in it.
The full thread is linked above and some excerpts are below. Big kudos to PowerDroid on the MSG forums!
"Thank you for contacting us. We would need the proper legal documentation [such as a will] that the account rights were given to the other person. This can only be done after a death has taken place."
"We understand this is a delicate or sensitive subject matter, the account can continue but we will require some legal documentation.
A person can will copyright of their images to anyone. If this is the case, iStockphoto will require a copy of the legal will stating the person who is to inherit copyright, and a copy of a death certificate. Once these are reviewed to be legit, we will need a photo ID of the new copyright holder, and the account will be transfered into that person's name. The account can remain active, and royalties can continue to be paid out in the new person's name.
If copyright of images is not specifically mentioned in a legal will, we will require a letter from the executor of the estate stating the person who is to inherit copyright of the images, along with the death certificate, and photo ID of the new copyright holder."
Your portfolio may be transferred over to a beneficiary. Mention that in your Will and have that reviewed and approved by a lawyer.
When it comes time, your beneficiary would approach us with the necessary paperwork for account transfer to take place. Please be aware that Shutterstock does honor the instructions of Estate representatives."
"While Fotolia has had no formal policy on this issue we do concur that copyrights may be inherited and the new copyright holder will have all the rights in and to the image. Our Upload Agreement states ""This Agreement shall be inure to the benefit of, and be binding upon, Fotolia and the Uploading Member, and their respective successors and assigns."