Whether Chinese copyright can be inherited

Relevant Chinese laws and regulations

Article 3 of China’s “Inheritance Law” stipulates that inheritance includes “property rights in the copyright (copyright) and patent rights of citizens”. Generally speaking, the inheritance of copyright by heirs is mainly to inherit the copyright property rights of the remaining valid period after the death of the author. During the period from the death of the author to the expiration of the validity period of the copyright, the heirs can enjoy the property rights of the original author. Therefore, Article 19, paragraph 1 of my country’s “Copyright Law” stipulates: “If the copyright belongs to a citizen, after the death of the citizen, the rights stipulated in Article 10, paragraph 1, items 5 to 17 of this law shall be protected under the provisions of this law. During the period, it shall be transferred in accordance with the provisions of the Inheritance Law.” According to this, the person who acquires the property right through inheritance can become the subject of the legal relationship of copyright.

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