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Most Recent Blog Posts. Pennsylvania Durable Power of Attorney. Schedule a Case Evaluation Today. How do assets typically pass upon death? Operation of Law — For example, if property is jointly owned with rights of survivorship, the surviving owner receives the property.
Legal Document — Will or Trust created by the deceased person the decedent. What are digital assets? Do people own their digital assets? What is a Terms of Service Agreement? Spoiler alert: just because you buy it doesn't mean you own it, and certainly doesn't mean you can do whatever you like with it. Only one in a million people actually read the terms and conditions of any Web site, service, or application.
You immediately jump to the bottom of the screen and hit the "I Agree" button and sail off on your digital downloading way.
It's the terms and conditions which govern exactly who owns the music you buy even once you escape the mortal coil. Questions have been left with Apple, but did not respond outside U. The likely truth is that the contract between you and the service you are using -- say Apple in this case -- is terminated as soon as the person dies.
In that event, the contract expires and the person's account and any purchased products cannot be transferred to anyone else. Say, for example, Willis meets an untimely death and gives his daughter access to his iTunes account beforehand; this is breaking Apple's user agreement and therefore other members of his family cannot legally listen to the music.
But the real argument should be: does it matter whether the content you buy is 'physical' or digital? When you buy an audio CD from a record store, you own that copy of the music, but you don't own a copyright to the music itself. The Electronic Frontier Foundation explains:. ZDNet's Ed Bott explained last year that the first-sale doctrine only applies to tangible items.
Digital music downloads do not work in the same way. Even if you spend money on a download, it only gives a license to listen to it, for example, but it often comes with restrictions such as preventing that person from lending it, sharing it, or burning it to a CD.
The company confirmed that when Mac users update their software, music currently in your library will transfer to the Apple Music app and TV and movie purchases will migrate to the Apple TV app. Windows users will see no change in their iTunes experience, and iTunes Store gift cards are still valid.
While the company promises that users won't lose content, it's a good reminder that digital files can come with quirky ownership rules. When you lawfully buy a physical CD, DVD or book, for example, the Copyright Act allows you to sell, lend or give away your copy, because you own it.
But that's not the case for digital copies, as Apple's terms and conditions explicitly states. So if you buy a movie via the iTunes store or to stream on Amazon, for example, you're essentially buying a license to watch the film as long as it remains on the platform — you're not buying ownership of the file itself.
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