Who Owns a Decedent’s E-Mails: Inheritable Probate Assets or Property of the Network?

NYU JOURNAL OF LEGISLATION & PUBLIC POLICY, Vol. 10, p. 281, 2007

40 Pages Posted: 28 Oct 2010

See all articles by Jonathan J. Darrow

Jonathan J. Darrow

Harvard Medical School

Gerald Ferrera

affiliation not provided to SSRN

Date Written: 2006

Abstract

A tremendous volume of personal and business e mail is generated daily. Some of these e mail messages may eventually have considerable economic value, such as those sent by United States presidents or by famous authors. Others may have significant sentimental value to family members when the author of the e mails passes away. What happens to e mails when someone dies and the only remaining copy is on a network server or in a recipient’s inbox? Are they owned by the author? The recipient? The network? The author’s employer? If owned by the author, are they copyrightable works capable of federal registration in the United States Copyright Office? Are they probate assets that pass under the laws of intestate succession or under a will? If valuable and capable of producing royalty income should they be part of a financial plan? Are there specific laws on this topic that would be useful for an attorney counseling an e mail author on any of these questions? This paper will address these and other relevant questions on who owns a decedent’s e mail.

Keywords: e-mail, copyright, inherit, probate, service provider, bailment

Suggested Citation

Darrow, Jonathan J. and Ferrera, Gerald, Who Owns a Decedent’s E-Mails: Inheritable Probate Assets or Property of the Network? (2006). NYU JOURNAL OF LEGISLATION & PUBLIC POLICY, Vol. 10, p. 281, 2007, Available at SSRN: https://ssrn.com/abstract=1698907

Jonathan J. Darrow (Contact Author)

Harvard Medical School ( email )

25 Shattuck St
Boston, MA 02115
United States

Gerald Ferrera

affiliation not provided to SSRN ( email )

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