Is it possible to get a copyright on a deceased family member’s work?

My mother recently passed away and I am interested in getting a copyright on her artwork. I am her Power of Attorney.

Asked on March 8, 2015 under Business Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I am so sorry for your loss.  First understand that the Power of Attorney is no longer valid.  It dies with the person for whom it is encated.  In order to have an rights to deal with your Mother's estate you would need to be appointed as the Executor (if there is a Will) or Administrator (if she died intestate - without a Will).  And yes, as an heir of your Mother you have the right to apply for a copyright.  This may, though, be in the context of probate. Good luck.o


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