When the owner of a copyrighted work passes away, the work does not arrive in the “public domain” immediately. The duration of copyright protection of the work depends on when the work was created or published and when the copyright owner passes away. Under Hong Kong’s copyright law, for works created by individuals (rather than corporations), the copyright of these works is protected for the author’s lifespan plus 50 years (see section 17 of the Copyright Ordinance (Cap. 528)).
When the author of a work passes away, the copyright ownership of the work changes. As copyright is a type of personal property, the author can choose whom to pass the copyright ownership to. Moreover, as copyright is treated the same way as any other property, the author can pass their copyright ownership to an heir or a third party. If you, as the copyright owner, wish to pass your copyright ownership to the heirs of your estate, it will be your spouse and/or children or, if you are unmarried and do not have children, other family members (according to Hong Kong’s inheritance law). On the other hand, if you wish to pass your copyright ownership to a third party or entity, you can do so by writing a will that names the beneficiary to whom you would like to transfer the ownership. You can also specify the way that you would like your work to be used after you pass away in your will. You should hire a lawyer to help you draft a will as they can ensure that your wishes are expressed clearly and unambiguously.
However, if your work has been licenced or transferred, the agreement that establishes the licence or transfer may not expire immediately after your death as the licence holder or owner still retains the specific rights given to them for the agreement’s duration or until the copyright duration comes to an end.
Key takeaways
- When the owner of a copyrighted work passes away, the work does not become public domain immediately as it depends on when the work was created or published and when the copyright owner passes away.
- In Hong Kong, the copyright of copyrighted works created by individuals is protected for the author’s lifespan plus 50 years.
- Before the author of a work passes away, they can choose whom to pass the copyright ownership to – it is usually passed onto an heir or a third party.
- However, if your work has been licenced or transferred, the agreement that establishes the licence or transfer may not expire immediately after your death.