Question: Can heirs publish the writings of their father posthumously without his prior consent?

Answer: The Netziv (Meishiv Davar 1:24) was asked about a gadol who instructed not to publish his responsa posthumously. I.e., does a person have the right to refuse sharing his Torah teachings and rulings with others?

The Netziv responded that although a person can do with his Torah teachings as his own and can grant this right to his heirs (which indicates ownership of intellectual property), he has no right to inhibit his Torah teachings, since a person is commanded to teach others and not retain his Torah knowledge for himself.

This seems applicable, however, only to writings that are deemed worthy of publication, both in terms of content and style. However, writings not worthy of disseminating or in a draft stage, which can cause a slight to the author's honor – should not be published.

The Netziv's rationale would not apply to non-Torah writings, where a person who has ownership of his intellectual property has the right to instruct not to publish his writings for whatever reason.

(See Emek Hamishpat, Zechuyos Yotzrim, intro. 25:1-3; ch 3:7; Igros Moshe O.C. 4:40[19])