[LINK] Who inherits your digital library?

[Kim Holburn]

http://yro.slashdot.org/story/12/08/25/1319234/will-your-books-and-music-die-with-you

> Many of us will accumulate vast libraries of digital books and music over the course of our lifetimes, reports the WSJ, but when we die, our collections of words and music may expire with us. 'I find it hard to imagine a situation where a family would be OK with losing a collection of 10,000 books and songs,' says author Evan Carroll of the problems created for one's heirs with digital content, which doesn't convey the same ownership rights as print books and CDs. So what's the solution? Amazon and Apple were mum when contacted, but with the growth of digital assets, Dazza Greenwood of MIT's Media Lab said it's time to reform and update IP law so content can be transferred to another's account or divided between several people.

http://www.marketwatch.com/story/who-inherits-your-itunes-library-2012-08-23

> Many of us will accumulate vast libraries of digital books and music over the course of our lifetimes. But when we die, our collections of words and music may expire with us.
> 
> Someone who owned 10,000 hardcover books and the same number of vinyl records could bequeath them to descendants, but legal experts say passing on iTunes and Kindle libraries would be much more complicated.
> 
> And one’s heirs stand to lose huge sums of money. “I find it hard to imagine a situation where a family would be OK with losing a collection of 10,000 books and songs,” says Evan Carroll, co-author of “Your Digital Afterlife.” “Legally dividing one account among several heirs would also be extremely difficult.”
> 
> Part of the problem is that with digital content, one doesn’t have the same rights as with print books and CDs. Customers own a license to use the digital files—but they don’t actually own them.
> 
> Apple AAPL +0.09%   and Amazon.com AMZN +1.88%   grant “nontransferable” rights to use content, so if you buy the complete works of the Beatles on iTunes, you cannot give the White Album to your son and Abbey Road to your daughter.
> 
> According to Amazon’s terms of use, “You do not acquire any ownership rights in the software or music content.” Apple limits the use of digital files to Apple devices used by the account holder.
> 
> “That account is an asset and something of value,” says Deirdre R. Wheatley-Liss, an estate planning attorney at Fein, Such, Kahn & Shepard in Parsippany, N.J.
> 
> But can it be passed on to one’s heirs?
> 
> Most digital content exists in a legal black hole. “The law is light years away from catching up with the types of assets we have in the 21st Century,” says Wheatley-Liss. In recent years, Connecticut, Rhode Island, Indiana, Oklahoma and Idaho passed laws to allow executors and relatives access to email and social networking accounts of those who’ve died, but the regulations don’t cover digital files purchased.
> 
> Apple and Amazon did not respond to requests for comment.

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Kim Holburn
IT Network & Security Consultant
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