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Old 04-22-2011, 08:14 AM   #71
astrangerhere
Professor of Law
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Quote:
Originally Posted by GlennD View Post
So legally speaking, if I find a novel manuscript in my grandfather's things, and he never even told any of us that he wrote it, do I have the legal right to publish it? Or maybe his diary - a document that was obviously intended to be private? (clearly ethics and laws are two different questions)
You have all rights to do with it what you wish, provided you were the one who inherited his property AND provided he did not leave instructions to the contrary about his personal papers. Where you would see a dispute, legally, is if say you and your hypothetical brother were left all his property together. You sell the book and your brother then sues you for his half of the profits.

The issue we were talking would have been if your grandfather left instructions for his executor or attorney to destroy all his papers on his death. Legally speaking, the attorney or executor has no right to turn around and publish rather than destroy. And even if he does so, he has no rights to the profit. Whoever inherited his property would. But it would spawn at least 2 not pleasant legal battles, i'd imagine.

The diary, again, unless there were instructions to the contrary are also yours legally to do with what you will. But as you very deftly pointed out, the ethics issue has nothing to do with the legal issue.
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