Copyrights and Divorce

Married couples hold much of their property in common: bank accounts, household possessions, and debts, such as mortgages. However, for couples where one or both spouses hold copyrights, there is an added layer of complexity. Works authored by both spouses can sometimes become problematic. In addition, if one spouse passes away, the widow or widower inherit rights to the works unless other arrangements are made.

If you and your spouse have co-authored works-books, films, music, or otherwise-you can both retain rights to your creations, but a divorce means no longer being joined together legally. Unless your divorce proceeds in a rational and carefully-planned way, minor disagreements over authorship or distribution rights can turn into full-scale conflicts. What was formerly a happy working relationship can quickly deteriorate.

Before you finish your divorce, you should also be sure to have a plan for transferring the rights to your work should you die. Some people choose to transfer rights to their former spouse in lieu of a new spouse, but many others prefer their children or other kin to inherit them. No one can know the future, so making sure your copyrights change hands in the right way can prevent prolonged legal battles if the unthinkable should happen.

Contact Us

If you and your spouse are considering a divorce, but you are uncertain about your copyrights and their implications for your divorce, you need the help of an experienced divorce attorney. The Oceanside divorce lawyers of Fischer & Van Thiel, LLP can help you and your spouse through even the most complex aspects of your divorce-until you reach an agreement that works for both of you.

To discuss your case with the experienced Oceanside divorce lawyers, contact the Law Office of Fischer & Van Thiel, LLP today at 760-722-7646.