- 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- Unpublished Drafts Pass by Will: Section 20 ensures that giving a book draft in a Will also gives the copyright to your chosen heir.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.
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.
1. Can You Bequeath Copyright & YouTube Royalties in a Will?
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.
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 When a Will gives an unpublished book draft to an heir, the law presumes the copyright goes with it.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.
Print contracts, ebooks, audiobooks, web series rights, and translations under Section 22.
Spotify, Apple Music, YouTube Music master fees, and IPRS public performance income.
Channel assets, AdSense balances, brand deals, course portals, and digital communities.
Brand logos, podcast titles under Trade Marks Act, and tech patents under Patents Act.
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.
Note: You can name specific creative works and set executor terms in your Will.
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.
