Issue: Inheritance of Property and Digital Media

Blogged under Issues by BeforeYouAreGone on Sunday 26 March 2006 at 10:45 pm

Uncle Harold passes away and among his belongings are many of his old records, cassettes, 8-track tapes and even some CDs and an iPod. All of these he has bequeathed to his favorite nephew who truly appreciated music as he did. There is no question that all of the physical property has changed owners.

However, what happens to the digital music on that iPod? In theory, it is purchased property that is merely passing hands. Does iTunes feel the same way? What if there is no way of finding out his account information since he never kept a record of it? You suddenly are owner of an iPod without the ability to transfer the legal license to that digital property.

In today’s wired world, this is many forms of property that exists only in a virtual sense. Does ownership or licensing transfer in the same manner as physical property? Unfortunately, it is difficult for websites and companies providing digital media to easily transfer ownership due to the ability (or inability) of verifying the actual death of the rights owner and then validating the proper beneficiary.

With the increase of identity theft, it creates a situation that most companies choose to not deal with at all. In this case, they take the only course they feel is best: don’t deal with it at all. The most any choose to do is close the account of the deceased based on sufficient proof of death.
This is where it becomes crucial in recording and maintaining records of such property. That information can be more easily used to transfer ownership, close down inactive accounts or take over payment. The nephew would have had a better chance of enjoying all the property related to that iPod had he been able to use his uncle’s account and transfer the account to his own.

Any thoughts on possible ways of dealing with this issue? Maybe a means of creating an account on a website that also can be used to notify online accounts of your death and proper beneficiary contact information given to transfer the account? There are probably many other ideas out there to deal with this situation. Why not post your ideas here or give your thoughts? Just leave a comment.

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