Q: Does a person who created "intellectual property" bequeath his copyright to his heirs? Do heirs of a talmid chacham have exclusive rights to publish his Torah writings or teachings?

A: The Rama (C.M. 276:6) writes that one cannot bequeath something intangible. Thus, even according to the opinion (discussed previously) that a person has ownership over his intellectual property, it seems questionable whether his heirs inherit these rights.

Nonetheless, when there are manuscripts or recordings of his teachings, since the intellectual property is linked to a physical entity, he can bequeath them with their content to his heirs.

Even according to the opinion that one does not have ownership over intellectual property, the accepted practice is to grant heirs first rights to publish their father's teachings. This is based on the customary practice and doing what it just (ve'asita hayashar v'hatov), but each case would need to be evaluated individually. If the heirs made no effort to publish, they cannot demand a percentage from others who did.

When dina d'malchusa applies, heirs are granted copyright rights for 70 years after the creator's death.

(Emek Hamishpat, Zechuyos Yotzrim, ch. 11; Pischei Choshen, Geneivah 9:[27])