Quotulatiousness

September 1, 2012

Digital “inheritance”: law has not caught up to our online lives

Filed under: Law, Media, Technology — Tags: , , , — Nicholas @ 00:01

As I mentioned in a post the other day, our laws are still designed for a world where most things have a physical presence, and the problems we see in intellectual property and patent law are just the start of the turmoil our legal system will have to face:

What will happen to your Facebook account after you are gone?

Dealing with digital assets after someone dies is becoming a challenge for families and the legal system alike.

Lawmakers are trying to clarify rules governing the passage of social-media and email accounts, along with other online assets that might have financial value. Several states have enacted laws to deal with post-death access to digital assets, and several more are working on similar legislation, says Gene Hennig, a lawyer at Gray Plant Mooty in Minneapolis and a commissioner of the Uniform Law Commission.

That group, which recommends uniform state laws, plans to come up with a recommended statute that more states could adopt.

“Eventually people are going to start putting in their wills what they want, and we need to know what’s allowed,” Mr. Hennig says. “In the olden days, grandma had a chest in the attic full of photo albums. Now, your chest of photos is in your computer.”

Update, 3 September: Bruce Willis wants his kids to inherit the music library he’s built up, but the iTunes licensing won’t let him do that.

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