Commons:Guidelines for heirs licensing inherited works

Shortcut: COM:HEIRS

This page provides guidance for heirs who have inherited copyrights to creative works and wish to release them under free licenses for use on Wikimedia Commons. (However, Commons does not provide personalized legal advice and disclaims any legal obligations.)

Introduction

When a creator (author, photographer, artist, etc.) passes away, their copyrights may be inherited by heirs as part of their estate. Heirs can choose to release these works under free licenses, allowing them to be uploaded to Wikimedia Commons and shared widely. This can preserve cultural heritage, enable educational use, and contribute to the public good.

Releasing inherited works requires:

• Confirmation that you are the legal heir or successor with copyright ownership.
• Selection of an appropriate free license (see Acceptable licenses below).
• Proper documentation to verify the license grant.

If the work is already in the public domain (e.g., due to expired copyright), no licensing is needed, but verification may still be required for upload. See Commons:Public domain for details.

Inheritance of copyright

Copyright typically lasts for the author's lifetime plus a set number of years (often 70 years post-mortem in many countries). Upon the author's death:

• The copyright passes to heirs specified in a will, or according to intestacy laws if no will exists.
• In some cases, copyrights may be transferred to organizations, trusts, or other entities.
• If the author was employed or the work was a "work for hire," the copyright may belong to the employer rather than heirs.

Challenges include:

• The copyright can be distinct from the object: For example, there may be many prints of a photograph in many albums, each subject to the single copyright pertaining to the photographer's creative act. Consider to whom the decedent's intellectual property rights passed.
• "Orphaned works": When heirs or owners cannot be identified, works may remain unused.
• Multi-jurisdictional issues: Copyright status can differ by country.

Heirs to copyrights inherit the full rights of the original author, including the ability to license, transfer, or enforce the copyright.

Rights of heirs

As copyright holders, heirs can:

• Release the work under a free license (e.g., Creative Commons).
• Grant permissions for specific uses.
• Transfer the copyright to others.

However:

• Heirs may not be able to retroactively change licenses granted by the original author.
• If multiple heirs jointly own the copyright, all must typically agree to a license change (though partial releases may be possible in some cases; consult legal advice).
• Heirs may choose not to release works, especially if they provide income or require control.

How to license inherited works

To license an inherited work for Wikimedia Commons:

1. Confirm ownership: Ensure you are the copyright holder. This may require probate documents, wills, or legal affidavits.
2. Choose a license: Select a free license compatible with Commons. See Acceptable licenses.
3. Publicly declare the license:
   • Post the license on a public website, social media, or the work's description page.
   • For joint heirs, include statements from all parties.
4. Handle multi-contributor works: If the work involves multiple copyrights (e.g., a recording with music and lyrics), ensure all relevant rights are licensed.

If the license cannot be publicly verified online, use the Volunteer Response Team (VRT) process (see Uploading to Commons).

Acceptable licenses

Wikimedia Commons requires licenses that allow free reuse, including commercial use and derivatives. Recommended licenses for heirs:

• Creative Commons Attribution 4.0 International (CC BY 4.0): Requires attribution.
• Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0): Requires attribution and share-alike for derivatives.
• CC0 1.0 Universal: Waives all rights (public domain dedication).

Use heir-specific tags like {{Cc-by-4.0-heirs}} or {{Cc-by-sa-4.0-heirs}} when uploading.

Non-free licenses (e.g., CC BY-NC, which prohibits commercial use) are not accepted.

For full details, see Commons:Licensing#Acceptable licenses.

Uploading to Commons

Heirs can upload inherited works themselves or authorize others to do so.

Step-by-step process

1. Use the Upload Wizard: Go to Special:UploadWizard.
   • Select "This work was created by someone else."
   • Choose "The creator has released or published this work under a free license."
   • Provide evidence of inheritance and licensing (e.g., link to a public statement).
2. Add license tags: Use tags from Category:License tags for transferred copyright, such as:
   • {{Cc-by-4.0-heirs|Heir's Name|Original Author's Name}}
   • Include attribution requirements.
3. Provide source and author info: In the description, note the original author, date of creation/death, and heir's details using {{Information}} template.

If verification is needed (VRT process)

See also: Commons:Volunteer Response Team.

If ownership or licensing isn't publicly verifiable:

1. Agree to release under a free license.
2. Email permissions-commons@wikimedia.org with:
   • Details of the work(s).
   • Proof of inheritance (e.g., will excerpt, without sensitive info).
   • The chosen license.
   • Preferred attribution.
3. Upload the file with {{PP}} (permission pending) tag.
4. VRT will verify and add {{PermissionTicket}} upon approval (typically within 30 days).

Files without verified permission may be deleted but can be restored once confirmed.

For more on third-party uploads, see Commons:Uploading works by a third party.

Templates and examples

• License Tags: See Category:License tags for transferred copyright.
• Example Description:

{{Information
|description = Description of the work
|date = Creation date
|source = Inherited from [Original Author]
|author = [Original Author]; licensed by heir [Your Name]
|permission = {{Cc-by-sa-4.0-heirs|[Your Name]}}
}}

Related pages

• Commons:Licensing: General licensing rules.
• Commons:Transfer of copyright: On copyright transfers, including inheritance.
• Commons:VRT: Volunteer Response Team for permissions.
• Commons:Copyright tags: All available tags.

See also

• Commons:Orphan works: Handling works with unknown owners.
• Creative Commons FAQ on Licensing