Microstock Group - A meeting place for microstock photographers

Here is a response from Dreamstime:

"Thank you for contacting us. We would need the proper legal documentation that the account rights were given to the other person. This can only be done after a death has taken place."
Kind Regards,
NAME
Customer Service Manager

MY FOLLOW-UP QUESTION:
"So, just to clarify, you would require a will or some other legal document that explicitly states that it was the deceased's intent to change the account information into the intended survivor's name?
Does this routinely happen?"

ANSWER:
"Yes, we would need the supporting legal documents for this, such as a will.  In the history of Dreamstime, it has only happened once so far."
Kind Regards,
NAME
Customer Service Manager

I think the main thing is having your family know where you have your photos for sale, so they can put this in the legal paperwork regarding your estate.  The more details, the better (agency, site, ID). 

I believe no agency will change rights based on a copy of a will only - they will always require an official document signed by a judge or some authority, and this will have to be translated by authorized professionals if your country is not English-speaking. 

It may sound absurd, but I was told that even between Brazil and Portugal, documents must be "translated" by an authorized professional to have legal value.

There are proubably more, but the survivors don't know how to go about getting the royalties so they don't bother. Of course the stock agency isn't going to question why a contributors earning's haven't been collected for awhie when no new uploads have been done but sales are still being produced.

Dreamstime dates from 2003 (?) so all those years = 6-7 years... I sure hope I won't be dead in another 6-7 years.

Good Point.


-Mark

I would hope not, wouldn't the copyright to the images pass on to the decendents along with the rest of the estate? That would mean the agency has to keep the income seperate in case they come knocking with the correct documents.

Dreamstime only has 83,000+ contributors, not hundreds of thousands - but your point still stands, it is surprising it hasn't happened more often.  Perhaps the one case was Miz?  I am guessing most people who just dabble in microstock with a few pictures wouldn't bother notifying the family or having it in a will that their pictures are online and sales are accruing. 

With everyone's increased online activity it is going to be more and more of a headache when people die.  There could be a ton of untied ends.

Thanks for finding out this info PowerDroid - it is valuable information!

Here's the response from iStock:

Thank you very much for your message.

I can only speak for the policy of iStockphoto.

We understand this is a delicate or sensitive subject matter, the account can continue but we will require some legal documentation.

A person can will copyright of their images to anyone. If this is the case, iStockphoto will require a copy of the legal will stating the person who is to inherit copyright, and a copy of a death certificate. Once these are reviewed to be legit, we will need a photo ID of the new copyright holder, and the account will be transfered into that person's name. The account can remain active, and royalties can continue to be paid out in the new person's name.

If copyright of images is not specifically mentioned in a legal will, we will require a letter from the executor of the estate stating the person who is to inherit copyright of the images, along with the death certificate, and photo ID of the new copyright holder.

Please let us know if you have any questions.


Sincerely,

NAME
iStockphoto LP
Contributor Relations

What IS replied would not be valid in Brazil, I suppose.  After someone dies, there is a juditial procedure to determine heirs and their share in the deceased's estate.  Just because someone has a copy of a will, this doesn't mean it was the last one from the deceased or even if there is not something else making this will invalid (such as a child born after the will was written).  Then after all the juditial procedures are followed, the judge will order the issue of proper documentation, so the heirs can transfer their share of the estate.

Or is the "legal will' something else that a "will"?

But is this normal to accept simply a copy of the will as a proof of right?

I can't answer your specific question, and circumstances may vary by country. Maybe this is an argument for being independent, have a lucky dip where each child picks out an agency and that's theirs. You'd need to have the same number of agencies as beneficiaries, and if one folds, it's the 'luck of the draw'.
Just a thought.

This battle over my father's estate has been going on over a year now. Anyway as for copyright I believe the rights are left to heirs through the executor of  the estate. I think that's how it works. I know my Aunt was the executor of my grandmothers estate and she  ended up with the copyrights to a book that was published. I nassume it would be the same for photos.