Intellectual Property Law
New Matter WINTER 2015, Volume 40, Number 4
Content
- Letter from the Editor-in-Chief
- Open Licensing: Good for the Community, Good for Business
- MCLE Self-Study Article
- Intellectual Property Section Interest Group Representatives 2015-2016
- International Ip Developments
- Digital Legacies: Who Owns Your Online Life After Death?
- The State Bar of California Intellectual Property Alumni
- Trade Secrets Interest Group
- Case Comments
- Software Copyright and Innovation after Oracle v. Google
- Intellectual Property Section Executive Committee 2015-2016
- Ttab Decisions and Developments
- Licensing Interest Group
- Contents
- Dmca's § 512(f) Remains Toothless in Light of Lenz Decision
- Patent Interest Group
- Letter from the Chair
- Trademark Interest Group
- The Licensing Corner
- 2016 New Matter Author Submission Guidelines
Digital Legacies: Who Owns Your Online Life After Death?
HEATHER ANTOINE
Antoine Law Group, APC
INTRODUCTION
If you are reluctant to talk about death, this is a good time to get over it. We have reached a point where most people understand the importance of having a will or trust. But, most have never thought about what happens to their online presence after death. The average person has twenty to twenty-five digital accounts and that number is growing.1 Eighty five percent of people around the world send and receive emails and 62 percent communicate through social networking sites.2 Seventy-one percent of people in the United States utilize a Facebook account.3 The magnitude of data collected and maintained on the Internet is staggering. But beyond interesting statistics and fodder for big data enthusiasts, why should any of this matter?
In 2011, security technology company McAfee conducted the first digital assets survey and the results were shocking. The average American Internet user valued his or her digital assets at approximately $55,000.4 Globally, the average was approximately $37,000.5 While McAfee included the emotional value placed by users on their assets, these accounts have financial value. How does a beneficiary, representative, fiduciary, or trustee access these properties? Do they have a right to access? And are there laws governing digital legacies? Accessing a decedent’s digital legacy may violate copyright law, privacy rights, trade secret law, and the federal Stored Communications Act.