Copyright and inheritance: who and how can manage the creative legacy of deceased loved ones
Recently to my office a woman came in and raised a very interesting question. So interesting that I decided to share it with my readers and subscribers. Why? Because ignorance of the law does not exempt one from liability or from negative consequences, while knowledge of it is very helpful in life.

Photo: Andrei Dodonov | Dreamstime.com
So, our Veronica (let's call her that) was married to a Russian writer who was well-known in certain circles. In 1997, this writer died, leaving behind two heirs: his wife Veronica, who lived in Moscow, and his son from his first marriage, Arkady, who lived in Riga. They both inherited the property and received certificates of the right to 1/2 of the copyright. Neither Veronica nor Arkady actively used their rights, and the author's name was gradually forgotten.
Soon Veronica immigrated to the United States, and her son from her first marriage never lived in Russia. In America, Veronica did not bother with the implementation of her deceased husband's copyrights and did nothing until 2025.
However, in 2025, a famous American publishing house approached our heroine with a great desire to publish the works of her late husband. And then Veronica remembered that she was not the only copyright holder, and she needed the consent of the second heir. She tried to contact him and learned that he died in 2016.
Veronica approached me with a question about how to transfer the rights of her deceased stepson to her so that she could have sole control over the copyright.
In accordance with the third part of Article 1145 of the Civil Code of the Russian Federation, if there are no heirs of the first, second and third order, the right to inherit by law is granted to the testator's relatives of the third, fourth and fifth degrees of kinship. The heirs of the fourth order are the great-grandfathers and great-grandmothers of the testator; the heirs of the fifth order are the children of the testator's nephews and nieces (second cousins), the siblings of his grandfathers and grandmothers (second cousins); the heirs of the sixth order are the children of the testator's second cousins and granddaughters (second cousins), the children of his second cousins (second cousins), and the children of his second cousins (second cousins). And finally, if there are no heirs of the previous lines, the stepsons, stepdaughters, stepfather and stepmother of the testator are called to inherit as heirs of the seventh line by law.
Therefore, hypothetically, if we assume that the deceased son had no relatives, the stepmother could claim the inheritance. But, alas, not in this case.
Firstly, in accordance with Article 1154 of the Civil Code of the Russian Federation, an inheritance can be accepted within six months from the date of its opening, that is, from the moment of the death of the testator.
Secondly, in accordance with Article 1115 of the Civil Code of the Russian Federation, the place of opening of an inheritance is the last place of residence of the testator.
And thirdly, the deceased had many blood relatives, including his mother, who died in 2023 and inherited from her son.
Thus, the copyrights have long since left Russian jurisdiction and smoothly moved to Latvia. As we have just found out, the stepmother is not an heir after the death of her stepson and cannot claim his share.
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What can she do? If we consider the issue from the perspective of the Russian legislator, the answer to this question is contained in Article 1267 of the Civil Code of the Russian Federation, which states that authorship, the author's name and the inviolability of the work are protected indefinitely. The author has the right to indicate the person to whom he assigns the protection of authorship, the author's name and the inviolability of the work after his death. This person exercises his powers for life. In the absence of such indications, as well as after the death of this person, the protection of authorship, the author's name and the inviolability of the work is carried out by the heirs and successors of the author. That is, Veronica needs to find the person to whom the second half of the copyright has passed and negotiate with this person.
В our office You can get professional assistance on all aspects of Russian legislation, especially on issues of inheritance law.
Material prepared in partnership with
Karina Duval - lawyer, notary, expert in international law
Russian registration: #78/857
NYS registration: 4775086
Notary public, registration: 02DU6376542
tel: + 7 (921) 946-0582 (in Russia) / + 1 (718) 704-8558 (in USA)
E-MAIL: [email protected],
Website:
https://karinaduvall.com/
www.integrika.com
Read also on ForumDaily:
How an immigrant or foreigner can manage property in Russia: advice from a lawyer
How to Accept an Inheritance from the USA in Russia: Advice from a Notary
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