Legal Question in Business Law in California

Re: copyright my grandfathers artwork

Your situation presents two separate legal issues. The second one is addressed by Mr. Stone's answer, i.e. whether the works can be copyrighted and what kind of protection is obtained. However, there is a first question; namely, who has the right to the copyright.

It is not sufficient to put together the three facts that (1) my grandfather's will didn't mention the artworks, (2) my mother was his executor, and (3) she "granted" me the artwork.

Most wills don't mention everything the testator owned specifically. That is impractical, because everyone's property fluctuates with every trip to the store. Instead, wills usually have clauses disposing of the residuum of the estate, e.g., "the balance of my worldly goods I leave in equal shares to my nephew Horace and to the Fresno Humane Society."

If your grandfather's will had a provision covering the so-called residuum or leftover items after specific bequests, any property that falls down into the not-specifically- allocated category must be distributed by the executor according to the catchall provision, and NOT according to the executor's whim.

Sometimes wills do indeed give the executor specific authority to make judgment calls as to certain property, or as to part or all of the property not specifically given, but otherwise an executor has no discretion and must carry out the instructions of the will with respect to the residuum, i.e., the property not specifically given by other provisions of the will.

Re: copyright my grandfathers artwork

Yes, you can register the works with the U.S. Copyright Office which gives you greater legal protection in the event there is an infringement. The term of the copyright will be 75 years from the date of his death. Visit www.copyright.gov for general information on copyright registration. Please feel free to contact me directly.