Notifying the Copyright Office when someone dies
Executor is responsible for notifying the Copyright Office
OverviewWhen someone dies
U.S. Copyright Office, Library of Congress
Phone1-202-707-3000
Toll-Free1-877-476-0778
Mailing Address
101 Independence Ave. S.E., Washington, D.C. 20559-6000
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Records Research and Certification Section
Phone1-202-707-3000
Toll-Free1-877-476-0778
Timeline
No statutory deadline to record an inherited copyright. Termination of transfer: notice must be served 2-10 years before the effective termination date, which falls within a 5-year statutory window beginning 35 years after grant execution (§ 203) or 56 years after copyright was first secured (§ 304(c)).
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Verified Jul 2026
When someone dies, the U.S. Copyright Office (Copyright Office) must be notified. The executor is responsible for notifying the Copyright Office.
Notification deadline: No deadline to record an inherited copyright, but recordation gives constructive notice and protects the heir against later conflicting transfers. Termination of transfer rights have strict statutory windows — see survivor benefits below..
Steps to take
Steps for notifying the Copyright Office and applying for survivor benefits:
1
Identify what copyrights the decedent owned:
- •Search the Copyright Office Public Catalog at copyright.gov for registrations in the decedent's name (covers registrations from 1978 onward)
- •Review the decedent's files for unregistered works — copyright exists automatically from the moment of creation; registration is not required for protection
- •Look for prior assignments, licenses, publishing contracts, or recording agreements that may be subject to a future termination-of-transfer right
- •For pre-1978 records or comprehensive searches, request a staff search through the Records Research and Certification Section ($200/hour, 2-hour minimum)
2
Record the transfer of copyright ownership to the estate or heir:
- •Prepare documentation showing the chain of title from the decedent to the estate or heir (death certificate, will or letters testamentary, estate distribution documents)
- •Submit electronically through the Recordation System at record.copyright.gov ($95 base fee for 1 work) or by paper using Form DCS ($125 base fee)
- •Recordation gives constructive notice and protects the recorded owner against later conflicting transfers
3
Evaluate termination-of-transfer rights for previously assigned copyrights:
- •For grants the author executed on or after January 1, 1978, calculate the 5-year termination window beginning 35 years after grant execution (17 U.S.C. § 203)
- •For grants executed before January 1, 1978, calculate the 5-year window beginning 56 years after copyright was first secured (17 U.S.C. § 304(c))
- •Identify the statutory heirs: widow/widower owns the entire interest unless children or grandchildren survive (in which case they share); if none survive, the executor or administrator exercises the right
- •Serve written notice on the grantee not less than 2 years and not more than 10 years before the effective termination date
- •Record the notice with the Copyright Office using Form TCS before the termination effective date
4
Update beneficiary and successor records for any ongoing royalty streams (publishers, performing rights organizations such as ASCAP/BMI/SESAC, sound recording royalty distributors).
5
Consult a copyright attorney for any copyright with significant value, any prior grant the estate may want to terminate, or any pre-1978 work where renewal and termination rules can be complex.
Required Documents
- Certified copy of the death certificate
- Will, letters testamentary, or letters of administration showing the executor's authority
- Estate distribution documents or trust instrument showing transfer of copyright to the heir
- List of works owned by the decedent (titles, registration numbers if known, dates of creation/publication)
- Copies of prior assignments, licenses, or publishing contracts (if exercising termination-of-transfer rights)
- Document Cover Sheet (Form DCS) for paper recordation; Form TCS for notices of termination
Timeline
No statutory deadline to record an inherited copyright. Termination of transfer: notice must be served 2-10 years before the effective termination date, which falls within a 5-year statutory window beginning 35 years after grant execution (§ 203) or 56 years after copyright was first secured (§ 304(c)).
Survivor benefits
Recordation of Transfer of Copyright Ownership
Heirs and estates can record the transfer of copyright ownership (by will, intestacy, or estate distribution) with the Copyright Office. Recordation creates a public record of the chain of title, gives constructive notice to third parties, and protects the recorded owner against later conflicting transfers. Submissions are made through the electronic Recordation System or by paper using the Document Cover Sheet (Form DCS).
Eligibility: Executor, administrator, trustee, or heir who has received copyright ownership through the estate
Amount: Base recordation fee: $95 electronic / $125 paper (includes 1 work). Additional works: $60 per group of 1-50 electronic; $60 per 10 or fewer paper. Additional transfers: $95 each.
How to apply: Use the electronic Recordation System at record.copyright.gov, or submit paper documents with Form DCS to the Copyright Office
Learn more →Termination of Transfer Right (17 U.S.C. § 203)
For grants of copyright executed by an author on or after January 1, 1978, the author's heirs can terminate the grant during a five-year window beginning 35 years after the grant was executed (or, if the grant covers publication rights, the earlier of 35 years from publication or 40 years from execution). When the author is deceased, the termination interest passes by statute: the widow or widower owns the entire interest unless there are surviving children or grandchildren, in which case they share. If none survive, the author's executor, administrator, personal representative, or trustee may exercise the right.
Eligibility: Statutory heirs of an author who granted a transfer or license on or after January 1, 1978: surviving widow/widower, children, grandchildren, or (if none survive) executor, administrator, personal representative, or trustee
Amount: Filing fee for Notice of Termination uses standard recordation fees; written notice must be served on the grantee not less than 2 years and not more than 10 years before the effective termination date.
How to apply: Serve written notice on the grantee within the statutory window, then record the notice with the Copyright Office using Form TCS before the termination effective date
Learn more →Termination of Pre-1978 Grants (17 U.S.C. § 304(c))
For grants executed by the author or the author's statutory heirs before January 1, 1978 covering a copyright subsisting in its first or renewal term on January 1, 1978, termination may be exercised during a five-year window beginning at the end of 56 years from the date copyright was originally secured. The same hierarchy of statutory heirs applies as under § 203. Notice and recordation requirements mirror § 203.
Eligibility: Author or statutory heirs (widow/widower, children, grandchildren, or executor/administrator/personal representative/trustee) of an author who granted a transfer before January 1, 1978
How to apply: Serve written notice on the grantee not less than 2 years and not more than 10 years before the effective termination date, then record the notice with the Copyright Office
Learn more →Search of Copyright Office Records (Records Research and Certification Section)
The Copyright Office can search its records to identify works registered by a deceased person, transfers recorded under the decedent's name, and other documents affecting copyright ownership. The public Copyright Catalog (post-1978) is searchable online at no charge; staff-conducted searches and pre-1978 records require a fee.
Eligibility: Anyone — heirs, executors, attorneys, or the general public
Amount: Self-service search of the online Copyright Catalog: free. Staff search report: $200 per hour, 2-hour minimum. Retrieval of paper records: $200 per hour, 1-hour minimum. Fee estimate (credited toward actual service): $200.
How to apply: Search the online Copyright Catalog directly, or submit a Records Research and Certification request through the general contact form for a staff-conducted search
Learn more →Frequently asked questions
For works created on or after January 1, 1978, copyright lasts for the life of the author plus 70 years (17 U.S.C. § 302). For works made for hire and anonymous or pseudonymous works, copyright lasts 95 years from first publication or 120 years from creation, whichever expires first. Most deceased authors' copyrights are still active and pass through the estate as property.
Yes. Copyright is personal property and passes through the estate like any other asset. The will, trust, or state intestacy law determines who inherits. The new owner (the estate, an heir, or a trust) should record the transfer of ownership with the U.S. Copyright Office to create a public record of the chain of title.
Submit documentation showing the chain of title (death certificate, will or letters testamentary, estate distribution documents) through the electronic Recordation System at record.copyright.gov, or by paper using the Document Cover Sheet (Form DCS). The base fee is $95 electronic or $125 paper for one work, with additional fees for groups of works and additional transfers.
Termination of transfer is a statutory right under 17 U.S.C. § 203 and § 304 that allows an author — or, after the author's death, the author's statutory heirs — to terminate a prior assignment or license of copyright and reclaim ownership. The right exists regardless of any contract terms to the contrary. It is exercised by serving written notice on the grantee and recording the notice with the Copyright Office during a specific statutory window.
Search the U.S. Copyright Office's online Public Catalog at copyright.gov for registrations in the decedent's name (covers registrations from 1978 onward). The online catalog is free. For pre-1978 records or a more thorough investigation, request a staff search through the Records Research and Certification Section at $200 per hour with a 2-hour minimum. Also review the decedent's files — copyright exists automatically from creation, so unregistered works are also part of the estate.
No. Copyright protection exists automatically from the moment of creation; registration is not required. However, registration is required before filing an infringement lawsuit for U.S. works and unlocks statutory damages and attorney's fees. The estate can register the decedent's previously unregistered works at any time during the copyright term.
The Copyright Office does not receive death notifications. The executor or heir must take the initiative: search the records to identify the decedent's copyrights, record the transfer to the estate or heir, and evaluate whether any prior grants are eligible for termination. Allow up to 10 business days for an email response to contact form submissions. The Recordation System processes electronic submissions faster than paper.
After completing the notification process, eligible survivors can apply for 4 benefits through the Copyright Office. Each benefit has its own eligibility requirements and application process.
Keep copies of all documents submitted to the Copyright Office. Original documents submitted for verification are typically returned after processing.
U.S. Copyright Office, Library of Congress
Phone1-202-707-3000
Toll-Free1-877-476-0778
Mailing Address
101 Independence Ave. S.E., Washington, D.C. 20559-6000
WebsiteVisit website→
Records Research and Certification Section
Phone1-202-707-3000
Toll-Free1-877-476-0778
Timeline
No statutory deadline to record an inherited copyright. Termination of transfer: notice must be served 2-10 years before the effective termination date, which falls within a 5-year statutory window beginning 35 years after grant execution (§ 203) or 56 years after copyright was first secured (§ 304(c)).
WebsiteLearn more →
Verified Jul 2026