copyright france inheritance copyright-transfer
Copyright transfer on death where copyright cannot be transferred?
<p><a href="https://en.wikipedia.org/wiki/Copyright_transfer_agreement" rel="nofollow noreferrer">The wikipedia page on Copyright transfer</a> mentions that in &quot;some countries, a transfer of copyright is not legally allowed, and only licensing is possible&quot;.</p>
<p>Does this also apply to the copyright after death (in such jurisdictions)? Do only the exploitation rights transfer onto the creator's heirs?</p>

<p><a href="https://law.stackexchange.com/questions/15959/french-copyright-law-for-posthumous-works-a-book?rq=1">French copyright law for posthumous works (a book)</a> quotes the relevant bit of French law. This shows <em>why</em> transfer of copyright is impossible: the law states explicitly who owns the copyright. A contract cannot change this.</p>
<p>So, after the death of an author the heirs own the copyright, not because it was part of the estate, but because copyright law states so.</p>
<p>I don't see a specific restriction on just the transfer of economic rights, but the moral right to be acknowledged as the author (droit de paternité) is a moral right that by its very nature does not lend itself to transfer. The right to <em>stop</em> distribution however is transferred. Perpetual licenses are impossible.</p>
<p>So, with that in mind, the Stack Overflow terms (&quot;any and all content [...] is perpetually and irrevocably licensed to Stack Overflow&quot;) are void in France.</p>
