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Univ. of Kentucky College of Law

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Monday, August 25, 2014

Who Owns Your iTunes Library After You Die?

Slate looks at some cutting-edge issues:

The fate of your online life after death is a sensitive topic, and one both the law and technology companies have struggled with how to handle. Last week, Delaware Gov. Jack Markell took one step toward a possible solution, signing into law first-of-its-kind legislation that will grant Delawarean families the right to the digital assets of loved ones who are incapacitated or deceased, the way they would be given access to physical documents. But our Twitter, Facebook, or Gmail accounts are not our only online assets.

The Delaware law raises the complexities of how to deal with the accounts that house our e-book collections, music and video libraries, or even game purchases, and whether they can be transferred to friends and family after death. The bill broadly states that digital assets include not only emails and social media content, but also “data … audio, video, images, sounds … computer source codes, computer programs, software, software licenses.” However, the law says that these digital assets are controllable by the deceased’s trustees only to the extent allowed by the original service’s end user license agreement, or EULA.

If you’ve read your Kindle or iTunes EULA, you’d know just how little control over your e-books or music you have. Every time you hit “buy” at the Kindle store, you are not purchasing an e-book; you are licensing it for your personal use only.

http://lawprofessors.typepad.com/property/2014/08/who-owns-your-itunes-library-after-you-die.html

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