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Trusts and estates law has a rich archive of legal history and scholarly analyses with regard to property rights that’s largely evolved with the concerns and priorities of today’s heirs. When wills and trusts fall short of meeting the emotional and practical needs of beneficiaries, there are often remedies in law that can embrace the intent of the decedent yet adjust for the compelling situations of heirs. When the decedent’s property is a body of artistic work, however, intellectual property (IP) law applies. Unlike trusts and estates law, the author argues, IP law to date shows less flexibility and lacks the scholarly body of work to thoughtfully address the range of emotional and economic issues of today’s inheritors of IP estates.
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