| Copyright and community property are both branches of property law. Although copyrights are created by federal law, they are subject to some state law control as well. Copyright enforcement relies on state rules that are generally applicable to property. Under community property laws, a husband and wife become the co-owners of property that is owned or acquired by either spouse, if and to the extent that such property falls within the definition of community property. A copyrighted work authored by a spouse during the marriage is community property.
Copyrighted Works as Community Property.
Because the supremacy of federal law requires that works commanding federal copyright be recognized as property, qualifying works for copyright fall within the ambit of community property. Additionally, because royalties and profits received from property have the same character as the property, royalties and profits derived from the exploitation of a community property copyright are also community property.
Community Property Does Not Apply to Renewal Term
Testamentary disposition of copyrights, under state law, is barred by federal law from reaching disposition of the renewal term, which is considered a mere expectancy. Copyright renewal rights, in advance of their vesting, have been referred to as expectancies.
Dispositions of Community Property
An author's spouse, without the consent of the author, may sell the copyright or license it exclusively or nonexclusively. However, this power is subject to certain limitations. Neither spouse, acting without the other's written consent, may make a gift of community property nor dispose of such an asset without receiving valuable consideration in return. Upon the death of either the husband or the wife, one-half of the community property belongs to the surviving spouse, and the other half is subject to testamentary disposition by the decedent. If the decedent bequeaths his or her half to someone other than the surviving spouse, then such spouse and the decedent's beneficiary will hold the literary property in question subject to the principles of joint ownership. In the absence of a will, the surviving spouse receives both halves of the community property.
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