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theprivatepractice.com.au
Bruce Willis created a stir last year when he
threatened to sue Apple over the ownership
of his iTunes library ­ the actor intended
to bequeath the library to his daughters
on his death. The dispute highlighted that
Willis had not acquired the music itself, but
a perpetual license to listen to it, and the
license was not assignable on his death.
As we live our lives increasingly online,
this controversy raises important questions
about the ownership of virtual assets and
online information, and how they are dealt
with when we die.
Generally speaking, social-media outlets
such as Facebook, Flickr, Instagram, Yahoo
and Google will:
·Notdisclosepasswordsorother
information to the deceased's executor.
·Notallowloginoraccesstothedeceased's
online information.
·Not,insomecases,deactivateanaccount
without a court order; or will, in other
cases automatically shut down an
account on death.
Part of the problem faced by executors
dealing with online service providers is that
often the original terms and conditions
of the service provider govern the use of
and access to information. There is little by
way of uniformity among providers or laws
governing this specific issue.
While much of our online information
and assets are of sentimental value only,
some may be inherently ­ and sometimes
surprisingly ­ valuable.
Think your cyber assets can automatically be passed on via your will?
Donal Griffin suggests you take a closer look at the fine print.
Donal Griffin is Director
of de Groots lawyers.
Virtually Yours
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theprivatepractice.com.au