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Dealing with Problems in Copyrights Bequeathed by an Author's Will
Bequeathing an interest in a copyright can involve a conflict between federal copyright law and state probate laws. The conflict may result in a situation in which it isn't clear whether the executor of the estate or the beneficiary of the specific bequest should deal with the property at various times. Specific terms in a will concerning a bequest of a copyright interest can avoid a possible dispute.
Assume the following: Well-published Mr. Author, by last will and testament, bequeaths the copyright interest in his most recent book to six people. He bequeaths a 30% interest in the copyright to Party A ' the executor and literary executor named in the will ' a 40% interest to Party B, and the interest in the other 30% equally to the C, D, E and F.
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