More Vivian Maier

snusmumriken

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Why do you want to discredit this biography before it is even available to read?
 

snusmumriken

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The books available, cost is $19.99.

Ah, OK. Not available in the UK yet. Are you sure that's actually available to have and hold and cherish, or just to pre-order? I have had one on pre-order with Amazon since September, and the delivery date is now estimated to be February!

I've just checked the link posted by the OP of this thread, and it looks to me as though the ebook is available now, but the hardcover is pre-order only.

So now I'm interested to know who on this the forum has actually read the ebook, and what they thought of it?
 

snusmumriken

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Duceman

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The bolded above.... that's essentially how it works. Unless there is something special, or land involved which the State can use. Dying intestate with no heirs, in most states (if not all) within the United States, the estate escheats to the State. So yes, the government does get your estate. But that doesn't happen all that often (as usually someone will have an heir, which is generally discovered through the probate process).
If you have assets and die intestate and there are relatives, then it can be a big mess.
It's called probate. Happens more often than not.
 

Duceman

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One does not have to account for copyright protection in their will.

Only inasmuch as one has to account for any property that they have. In the United States, copyright is an intangible asset and can be assigned or willed just like anything else. If someone does have a will, and copyrights are not mentioned, any attorney with even the least bit of acumen will include a "catch-all" clause, something to the effect of, "...and any property not specifically mentioned herein goes to [insert party or parties]." So, if there is a will, then more likely than not, copyright will be taken care of one way or the other. If there is no will, one's copyright passes just like any other asset--assuming there are no local laws explicit to the contrary.
 

BrianShaw

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Yes.
 

MattKing

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For clarity, "heirs" means heirs at law.
Here is a chart which shows how intestate estates (estates with no Will) are distributed - and therefore heirs at law are determined - in BC's new "simplified" regime.:

As you can see, heirs at law can be extremely distant relatives.
 

Sirius Glass

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Now we are down to square pegs in round holes. Thank you.
 

Arthurwg

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No, actually I was making a joke about the date. FDR called Dec. 7 "a date which will live in infamy" when he asked Congress to declare war on Japan following Pearl Harbor.
 

Duceman

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Why? Did you get an advance copy or something? Is their new blockbuster information you would like to share?

I'm sure tomorrow being the 80th anniversary of the attack on Pearl Harbor (a day which FDR famously said would live in infamy) has nothing to do with his comment.
 

Duceman

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No, actually I was making a joke about the date. FDR called Dec. 7 "a date which will live in infamy" when he asked Congress to declare war on Japan following Pearl Harbor.

Looks like we posted essentially the same thing at the exact same moment.
 
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So if someone dies intestate with no relative and no heirs, then the state gets ownership of the copyrights?
 

Duceman

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So if someone dies intestate with no relative and no heirs, then the state gets ownership of the copyrights?

Generally speaking, yes. But it really depends on the locale. In the United States, ownership is dictated by 17 U.S.C. §201 et seq. For example, 17 U.S.C. §201(d)(1) states: The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession. (emphasis added) So, again, it depends upon applicable intestate laws.

Long and short of it is, see an attorney and draft up an appropriate will if you are concerned about your copyrights.
 

MattKing

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So if someone dies intestate with no relative and no heirs, then the state gets ownership of the copyrights?
Yes, in all of the jurisdictions I have any familiarity with.
I don't know what the rules are in the Civil Law world (e.g. France).
The intestate succession rules are there to essentially do everything possible to keep the deceased's property - including copyrights - out of the hands of the government.
 
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