You can transfer ownership of your iPod when you die, but
who owns the music contained on that
iPod? The answer isn’t clear.
Today, consumers are buying more digital content than ever from
companies such as Amazon, Apple, and Google.
The content ranges from ebooks to music to movies. Further complicating matters is that many
people store these files in the cloud on those companies’ remote servers.
Whether digital content can be transferred to next of kin
through a will depends on ownership. The
difficulty is that many consumers may believe they are “buying” songs or
ebooks, but the sellers’ terms of service state that they are merely buying a
license, or a “long-term rental,” and the license of that content isn’t
transferable.
Heirs can, however, access a protected online account – as long
as they’re given the password in advance.
Otherwise, the heir may have to go to court to gain access.
The problem is that the law hasn’t caught up with technology.
In order to prevent these transfer
problems, digital media owners should plan ahead. Passwords and online accounts can be passed
by a will. There are even
data-inheritance services that have emerged to facilitate this transfer upon
the death of the account holder.
This is an unsettled area of the law. Content sellers have been slow to react
partly because this issue only affects a limited number of their
customers. However, as time goes on and
more people die the pressure will build for these content sellers to develop
clear policies and create practical solutions.
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