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Thursday, September 20, 2012

Digital inheritance

Quotes from the USA Today Article Digital inheritance:
Score one for dead trees.
Printed books and CDs might have the edge over their digital counterparts at one inevitable point of our lives: death.
Physical media -- music, books, movies -- usually can be passed on to heirs without overly burdensome legal complications. But when it comes to digital files, the legal landscape remains murky and has failed to keep up with the rapid pace of technological advancements, analysts say.
"This is an unsettled area of law," says Dazza Greenwood, president of Internet consulting firm Civics.com who frequently has dealt with the issue. "It's a little messy right now. Eventually more people are going to die and pressure will build for broader policy and practical solutions. There's a lot of confusion and misunderstanding right now."
Whether digital media can be willed to next of kin depends largely on ownership and is a question of much debate among lawyers who specialize in copyright law.
While consumers may be under the impression that they are "buying" songs, e-books and movies, many content sellers -- including Apple, Amazon and Google -- specify in their terms of service that they're merely offering a license to use, or effectively long-term rent, that isn't transferable, Greenwood says.

What happens to your digital content has become a significant issue as more things are kept in the "cloud" or the web. People should consider adding provisions within their wills to address what they want done with their digital content. In addition, people should give their personal representative power to enforce these provisions.

Digital inheritance – USATODAY.com

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