Who can claim a copyright to old diaries, journals and letters?

Some of the most valuable documents for family history research consistof diaries, journals and letters. From time to time, copyright issuesarise concerning these types of documents, especially if the text of thedocuments or a facsimile is being published either online or in aprinted format. The first rule is that physical possession of thedocuments does not confer any right to the copyright. I have found thatthe possessor of the document usually incorrectly assumes that merepossession confers other legal rights. In reality, upon a person'sdeath, any property interests the deceased possess passes immediately tothe deceased's estate. This is the case even if a formal probate doesnot occur and no executor or personal representative is appointed. Theestate exists as a legal entity even if there is no formal involvementof the court.

If the deceased person made a will (i.e. died testate), the propertyinterest in the documents, including any copyright interest, passes tothe beneficiaries of the will. If there is no will, i.e. the person diedintestate, then the property interest including any possible copyrightclaims, pass to the heirs as determined by the intestate statutes in thelocality where the person died. You can see from this situation, thatdetermining the true or correct ownership of any copyright claims couldbe really complicated and in some cases, likely impossible.

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Who can claim a copyright to old diaries, journals and letters?

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