Bequeathing Copyright & YouTube Royalties in an Indian Will

Bequeathing Copyright & YouTube Royalties in an Indian Will

Complete legal guide to bequeathing copyright, book royalties, music streaming revenue, and YouTube AdSense in an Indian Will under Copyright Act, 1957.

FILED UNDERAsset-Specific Succession & Digital Estate
PUBLISHED2026-10-29
READING TIME10 min read
WRITTEN BY
Advocate Anuj Anand MalikSenior Succession & Intellectual Property Counsel, WillDrafting.inConnect on LinkedIn
Key Legal Takeaways: Intellectual Property & Creator Royalties in a Will
  • 60-Year Post-Mortem Rule: Section 22 of the Copyright Act, 1957 protects creative work for 60 years after the author dies.
  • Unpublished Drafts Pass by Will: Section 20 ensures that giving a book draft in a Will also gives the copyright to your chosen heir.
  • YouTube & Google AdSense Rules: You cannot just share passwords. Platform rules need a clear Will and estate trustee.
  • Music Royalty Societies: IPRS and ISRA hold back royalty payouts until legal heirs show a valid registered Will.
  • Patents and Brand Trademarks: Heirs must file Form 16 for patents and Form TM-P for trademarks to transfer title.
  • Appoint a Literary Executor: Pick a digital executor in your Will to manage books, songs, channels, and payout cash.
Copyright Royalties and YouTube Channel in Indian Will Legal Guide
Statutory Framework under Sections 18, 20 & 22 Copyright Act, 1957, Trade Marks Act, 1999, Patents Act, 1970, and IT Act, 2000.

Many creators in India build strong creative assets today. Writers earn book royalties from publishers. YouTubers earn monthly cash from Google AdSense. Musicians get streaming fees from Spotify, Wynk, and IPRS. Tech founders own software code and brand names.

Yet, most creators do not plan for death. People think online channels and book royalties pass to family on their own. That is not true in Indian law. Without a Will, creative assets split among all legal heirs. Payouts stop. Accounts get locked. Family members face long disputes.

In this guide, we explain Sections 18, 20, and 22 of the Copyright Act, 1957. We show how to pass YouTube channels and music royalties in a Will. To check legal shares for your family, use our free succession calculator or see our will drafting checklist.

Yes, you can. Under Indian law, copyright and digital assets are personal property. Just like a house, gold, or bank cash, you can leave creative rights to any person in your Will.

Section 18 of the Copyright Act, 1957 allows creators to transfer their rights. Section 59 of the Indian Succession Act, 1925 gives every adult of sound mind the power to give away their assets by Will. You can choose who gets your royalties and who runs your digital accounts.

If you die without a Will, the law divides your rights among all Class 1 heirs. This splits ownership into small shares between your spouse, mother, and children. No single person can sign book deals or clear channel payouts. This creates major legal delay.

Core Statutory Principle
Section 18 & 20 Copyright Act, 1957

Copyright is personal property that you can give away in a Will. When a Will gives an unpublished book draft to an heir, the law presumes the copyright goes with it. The heir gets full legal power to publish, license, and earn from the work.

2. 60-Year Post-Mortem Rule Under Section 22 Copyright Act

Creative work gives your family long term support. A job salary ends when a person dies. But copyright keeps earning money for decades.

Under Section 22 of the Copyright Act, 1957, copyright in books, plays, art, and music lasts for the life of the author plus 60 full years. The 60-year clock starts on the first day of the new year after the author dies.

For example, suppose an author passes away on October 29, 2026. The 60-year term starts on January 1, 2027. It runs until December 31, 2086. For six decades, your heirs hold the sole right to license books, audiobooks, translations, and film deals.

Without a Will, publishers and film studios cannot know who has the right to sign contracts. Payouts get held in escrow. Great deals stall for years.

3. Transmission of Unpublished Manuscripts Under Section 20

Authors often leave behind unfinished book drafts, notes, scripts, or recorded songs. If your Will gives a draft to a child, does that child also get the right to publish it?

Section 20 of the Copyright Act answers this clearly. It says that when a Will gives an unpublished draft to an heir, the gift includes the copyright itself. The heir gets legal power to edit, publish, and sell the work.

Creator Estate Assets
Four Key Types of Creative Property in a Will
1. Books & Writing
Book Royalties & Film Rights

Print contracts, ebooks, audiobooks, web series rights, and translations under Section 22.

2. Music & Songs
Streaming & IPRS Payouts

Spotify, Apple Music, YouTube Music master fees, and IPRS public performance income.

3. Online Channels
YouTube & Google AdSense

Channel assets, AdSense balances, brand deals, course portals, and digital communities.

4. Brand & Tech IP
Patents, Code & Trademarks

Brand logos, podcast titles under Trade Marks Act, and tech patents under Patents Act.

The Problem Without a Will: Platforms and royalty bodies freeze accounts when an owner dies without a Will. They ask for costly court orders before paying any cash to heirs.

4. Comparison: IP Bequest Realities vs Common Creator Myths

The table below compares popular creator myths with real statutory rules under Indian law:

Asset Type Common Creator Myth Real Rule in Indian Law
Book Royalties Royalties end when the author dies Royalties run for 60 years under Section 22 Copyright Act
YouTube Channel Family takes over the channel on their own Needs Google setup and a Will to stop account closure
Account Passwords Writing down passwords is good estate planning Breaks site rules; you need a legal digital executor
Music Royalties Bank nominee gets to keep all music cash Nominee is just a trustee; heirs need a valid Will
Unfinished Drafts Unpublished work cannot pass to heirs Section 20 passes copyright along with the book draft
Author Moral Rights Moral rights end when the creator dies Section 57 moral rights stay alive and protect your name

5. Bequeathing YouTube Channels & Google AdSense Revenue

A YouTube channel is both a brand and an income stream. But online channels follow platform terms and the Information Technology Act, 2000.

Google accounts are not open for direct transfer. If an account stays idle, Google may close it. Also, sharing passwords breaks user rules and triggers security blocks.

To keep your channel and AdSense earnings safe, take two clear steps:

  • Set Up Google Inactive Account Manager: In your Google account, set an idle time like 3 or 6 months. Pick a trusted family member to get access and file downloads.
  • Write a Clear Will Clause: Give the channel, its videos, brand names, and all Google AdSense cash to your chosen heir.

When heirs ask Google to release earnings, Google asks for a Death Certificate and a court-certified copy of the registered Will.

6. Music Royalties: IPRS, Phonographic & Streaming Rights

Songwriters, singers, and beat producers earn music royalties. In India, royalty groups collect these fees under Section 33 of the Copyright Act, 1957.

The main royalty groups include:

  • IPRS: Collects public performance and streaming money for writers and music composers.
  • ISRA: Protects performer rights and pays royalties to singers and live artists.
  • PPL: Collects sound recording licensing fees for music labels.

When an artist dies, royalty bodies freeze payouts. If the artist leaves a registered Will naming an heir and a digital executor, the group updates records and sends monthly cash without delay.

Also, Section 57 of the Copyright Act protects an author's moral rights. In the case of Amar Nath Sehgal v. Union of India (2005) 117 DLT 717, the Delhi High Court held that moral rights protect an author's work even after death. Your heirs have the legal right to stop bad edits or misuse of your creations.

7. Patents & Trademarks: Form 16 Transmission & Form TM-P

Tech creators, coders, podcasters, and brand owners also hold registered patents and trademarks.

Under Section 68 and 69 of the Patents Act, 1970, a patent passes to heirs by law or by Will. The heir must file Form 16 with the Patent Office along with a copy of the Will.

Under Section 37 to 44 of the Trade Marks Act, 1999, registered trademarks pass to heirs as well. The heir must file Form TM-P with the Trade Marks Registry. Without a Will, trademark ownership splits, and rights can lapse.

8. Appointing a Literary or Digital Executor in Your Will

Most people name an elderly parent or spouse as executor. But they may not know how to handle book ISBNs, AdSense forms, or music streaming catalogs.

The best fix is to name a Literary Executor or Digital Executor in your Will. This person manages, licenses, and protects your creative work. All the net cash flows straight to your family.

Model Will Clause
Literary & Digital Executor Appointment under Section 20 Copyright Act
"I hereby appoint [Full Name of Literary/Digital Executor], residing at [Address], as the dedicated Literary and Digital Executor of this my Last Will and Testament, solely with respect to my creative assets, published books, unfinished drafts, songs, code, and online channels. My Literary Executor shall have full legal power under Sections 18 and 20 of the Copyright Act, 1957 to manage, edit, publish, license, and defend my copyright and digital assets for the full 60-year statutory term post-mortem. All net income, royalties, licensing fees, and monetization cash collected by my Literary Executor shall be paid over entirely to my primary heir, [Heir Name], as set out in Schedule 'B'."

Note: You can name specific creative works and set executor terms in your Will.

Model Will Clause
Bequest of YouTube Channel, Google AdSense & Streaming Royalties
"I am the sole creator of the YouTube channel known as '[Channel Name]' (URL: [URL]) and the Google AdSense publisher account (Publisher ID: [ID]). I hereby bequeath all my right, title, video library, and future revenue from the said YouTube channel and Google AdSense account to my [Relationship], [Heir Name]. I direct Google LLC, YouTube LLC, and all payment partners to recognize [Heir Name] or my appointed Digital Executor as the lawful successor entitled to manage account administration and receive all payouts."

Note: Pair this clause with Google Inactive Account Manager settings for smooth account handling.

9. How a Registered Will Protects Your Creative Legacy

Your creative work is built to support your loved ones for life. Leaving your assets to chance causes lost income and family pain.

A registered Will overrides general inheritance rules. It stops distant relatives from fighting over book contracts or channels. Your family gets uninterrupted payouts backed by the Copyright Act, 1957.

Drafting a valid Will takes less than 15 minutes. You can draft your legal Will online right now using our simple platform at WillDrafting.in. If you manage book deals, music catalogs, or online businesses, book an appointment with our legal team at AMA Legal Solutions. Learn more about protecting your family with our full estate planning tools.

What to do next

Make a full list of your book ISBNs, IPRS IDs, trademarks, and patent numbers

Set up Google Inactive Account Manager to name your trusted digital trustee

Check legal shares for your family using our free online succession calculator

Name a trusted digital executor in your Will to handle creative accounts and cash

Write clear Will terms for book royalties, music payouts, and YouTube earnings

Sign your Will before two witnesses and register it at your local Sub-Registrar

Frequently Asked Statutory Questions

Can you bequeath copyright royalties and YouTube channels in an Indian Will?

Yes. In Indian law, copyrights, royalties, patents, trademarks, and online channels are personal property. Under Sections 18 and 20 of the Copyright Act, 1957 and Section 59 of the Indian Succession Act, 1925, you can leave royalties and future channel earnings to any chosen heir in your Will.

How long do copyright royalties continue after an author's death in India?

Under Section 22 of the Copyright Act, 1957, copyright lasts for the author's lifetime plus 60 full years. The 60-year clock starts on January 1 of the year after death. This means your family keeps getting book and music royalties for six decades.

What happens to unpublished manuscripts if an author dies without a Will?

If a Will gives a draft to an heir, Section 20 of the Copyright Act presumes the copyright goes with it. If the author dies without a Will, the draft splits among all legal heirs. This can cause deadlocks that stop the book from being published.

Can a nominee on a Google AdSense or bank account keep all YouTube royalties?

No. The Supreme Court of India in Sarbati Devi ruled that a nominee is only a trustee. The nominee holds the funds safely, but the money belongs to the legal heirs named in the Will or under succession law.

What is a Literary Executor and why do writers and musicians need one?

A Literary Executor is a person who understands book deals, copyright law, and online media. While general executors handle land and bank accounts, the Literary Executor manages book rights, ISBNs, and royalty payouts, passing all cash to your family.

How are music streaming royalties from Spotify, Apple Music, and IPRS transferred after death?

Royalty groups like IPRS and music distributors freeze payouts when an artist dies. To restart payments, heirs must show an official Death Certificate and a registered Will or court succession order naming them as the lawful successor.

How do legal heirs transfer registered trademarks and patents in India after the owner dies?

Registered rights pass to heirs by law. For patents, heirs must file Form 16 with the Patent Office under Section 68 and 69 of the Patents Act, 1970. For trademarks, heirs must submit Form TM-P with the Trade Marks Registry under Section 37 to 44 of the Trade Marks Act, 1999.

Verified WillDrafting.in Client Experiences

“As an author with three published books, I was worried about my family handling publishers. WillDrafting helped me name a literary executor under Section 20. The whole process was simple and fast.”

Vikram Sengupta · Kolkata, West Bengal

“With a YouTube channel of over 800,000 subscribers, I needed clear digital succession planning. The platform guided me through Google IAM and digital bequest clauses smoothly.”

Ananya Deshmukh · Pune, Maharashtra

“Our music studio relies on recurring IPRS royalties. The team structured our copyright succession plan perfectly, ensuring uninterrupted streaming payouts for our heirs.”

Kabir Malhotra · Mumbai, Maharashtra

Statutory & Judicial References

Why Write a Will Now?

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Simple Plain Paper Rules

You can write a Will on plain white paper. No stamp paper is needed in India. Sign it in front of two adult witnesses. Each witness signs in your view to make it valid.

How Our Team Helps

Our team checks your asset list and tax bills. We write your Will in clear words with no mix-ups. Then we guide you step by step so your heirs get their share fast.

Notice: This guide is published for general legal educational purposes under the Copyright Act, 1957, Patents Act, 1970, Trade Marks Act, 1999, and the Indian Succession Act, 1925. It does not constitute formal legal representation or intellectual property litigation counsel. Creators and authors with multi-jurisdictional licensing contracts or high-value patent portfolios should seek personalized legal counsel before executing estate documents.
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