Who inherits your iTunes library?

Who inherits your iTunes library?

Many of us will accumulate vast libraries of digital books and music over the course of our lifetimes. But when we die, our collections of words and music may expire with us.

Someone who owned 10,000 hardcover books and the same number of vinyl records could bequeath them to descendants, but legal experts say passing on iTunes and Kindle libraries would be much more complicated.

And one’s heirs stand to lose huge sums of money. “I find it hard to imagine a situation where a family would be OK with losing a collection of 10,000 books and songs,” says Evan Carroll, co-author of “Your Digital Afterlife.” “Legally dividing one account among several heirs would also be extremely difficult.”

Part of the problem is that with digital content, one doesn’t have the same rights as with print books and CDs. Customers own a license to use the digital files — but they don’t actually own them.

Apple AAPL, +0.79% and Amazon.com AMZN, +0.98% grant “nontransferable” rights to use content, so if you buy the complete works of the Beatles on iTunes, you cannot give the “White Album” to your son and “Abbey Road” to your daughter.

According to Amazon’s terms of use, “You do not acquire any ownership rights in the software or music content.” Apple limits the use of digital files to Apple devices used by the account holder.

“That account is an asset and something of value,” says Deirdre R. Wheatley-Liss, an estate-planning attorney at Fein, Such, Kahn & Shepard in Parsippany, N.J.

But can it be passed on to one’s heirs?

Most digital content exists in a legal black hole. “The law is light years away from catching up with the types of assets we have in the 21st Century,” says Wheatley-Liss. In recent years, Connecticut, Rhode Island, Indiana, Oklahoma and Idaho passed laws to allow executors and relatives access to email and social networking accounts of those who’ve died, but the regulations don’t cover digital files purchased.

Apple and Amazon did not respond to requests for comment.

There are still few legal and practical ways to inherit e-books and digital music, experts say. And at least one lawyer has a plan to capitalize on what may become be a burgeoning market. David Goldman, a lawyer in Jacksonville, says he will next month launch software, DapTrust, to help estate planners create a legal trust for their clients’ online accounts that hold music, e-books and movies. “With traditional estate planning and wills, there’s no way to give the right to someone to access this kind of information after you’re gone,” he says.

Here’s how it works: Goldman will sell his software for $150 directly to estate planners to store and manage digital accounts and passwords. And, while there are other online safe-deposit boxes like AssetLock and ExecutorSource that already do that, Goldman says his software contains instructions to create a legal trust for accounts. “Having access to digital content and having the legal right to use it are two totally different things,” he says.

The simpler alternative is to just use your loved one’s devices and accounts after they’re gone — as long as you have the right passwords.

 

Chester Jankowski, a New York-based technology consultant, says he’d look for a way to get around the licensing code written into his 15,000 digital files. “Anyone who was tech-savvy could probably find a way to transfer those files onto their computer — without ending up in Guantanamo,” he says. But experts say there should be an easier solution, and a way such content can be transferred to another’s account or divided between several people.“We need to reform and update intellectual-property law,” says Dazza Greenwood, lecturer and researcher at Massachusetts Institute of Technology’s Media Lab.

Technology pros say the need for such reform is only going to become more pressing. “A significant portion of our assets is now digital,” Carroll says. U.S. consumers spend nearly $30 on e-books and MP3 files every month, or $360 a year, according to e-commerce company Bango. Apple alone has sold 300 million iPods and 84 million iPads since their launches. Amazon doesn’t release sales figures for the Kindle Fire, but analysts estimate it has nearly a quarter of the U.S. tablet market.

Preparing My Digital Legacy with the Hereafter Institute

Preparing My Digital Legacy with the Hereafter Institute

Image courtesy Gabriel Barcia-Colombo

As the social media manager at LACMA, I am deeply entrenched in digital communication both professionally and personally through the various social networks I use on a daily basis. For the most part, I am comfortable with technology, which some might feel wary of or even fear. So when I heard about the Hereafter Institute, I was intrigued and even excited. The thought of a digital afterlife hadn’t really crossed my mind, even though I had witnessed and experienced loss in the past decade, often communicated and memorialized through Facebook and other social media.

Check-in desk

To think about my own death and the subsequent decisions my kin would make regarding my online presence would be an eye-opening experience. So I arrived at LACMA on a Sunday afternoon and proceeded to the Bing Theater lobby. I was greeted by a woman in a white lab coat, who escorted me to a desk to check in. The desk was staffed by two more women in lab coats, release forms neatly stacked atop, next to pens and stickers branded with the Hereafter Institute’s infinity loop logo. After filling out the form, I was asked to wait on one of the black leather Barcelona chairs, which formed a U-shaped waiting area surrounding a glass table with a single white orchid. Familiar spaces had been transformed into a more institutionalized setting to fit with the performance.

Lucy’s consultation

Another woman in a lab coat escorted me to the Director’s Lounge in the Pavilion for Japanese Art, where she asked me questions about my online presence and told me about the three options for a person’s data when they die: 1) Continuation 2) Deletion 3) Memorialization. There isn’t space to explain each, but if you’re curious, leave a comment, and I’ll go into more detail!

She also informed me that Facebook has a “legacy contact” setting that allows you to designate one of your friends on the network to manage your profile when you pass. She gave me the option to follow along and do it in the moment. With a “no time like the present” attitude, I designated my oldest friend as my digital heir. Facebook allows you to write a personalized message for the notification it sends your heir, so I added the disclaimer that I’d explain later and not to be alarmed.

Lucy being scanned for an animated avatar

Next, I was asked to stand on a turntable so they could create a 3D scan of my body (something which I had done before at the Museum of Art and Design in New York—I even have a little figurine of myself to prove it).

Lucy’s avatar

My tour guide said they would use the scan to create an animated avatar of me. Once completed, we left the Pavilion for Japanese Art and meandered through the museum’s beautiful bamboo garden and into the Art + Technology Lab.

Lucy viewing digital memorials

Here, another woman in a lab coat explained that I would be viewing examples of digital memorials for three different people in virtual reality. I lifted the VR headset over my eyes and she outfitted me with headphones playing calming music. I saw two people memorialized in computer-animated spaces, complete with a voiceover by a loved one describing the person. One had a guitar and was sitting on a couch on a sunny beach, while the other was pacing around her own personal gallery where artworks floated in a room without walls. Then I felt a tap on my shoulder and the headsets were removed.

The final component of the performance

It was time for the final component of the performance. I must admit I was a little worried that I would be emotionally affected by this part. Two flower arrangements flanked a dark screen. A stranger stood in front of the screen and began talking about me in the past tense, eulogizing, throwing out real facts from my life, including where I grew up, where I went to high school, the places I had worked, and the names of family members.

Lucy at her memorial

The screen behind him flickered and cycled through dozens of messages I had written on Facebook in the recent past, and then my avatar walked into the frame, wearing the same black shirt, long gold necklace, jeans, and flip flops I was still in. I watched my digital self turn and walk off into the horizon. The lights went up and I was once again greeted by my guide, who walked me outside and bid me farewell.

I left feeling introspective about the part of myself I share online, and the persona I’ve created that has the potential to live on beyond my physical body. My experience with the Hereafter Institute was sometimes entertaining, sometimes thought-provoking, and even a little eerie. I’m not a morbid person, but I now I think I might like to prepare my digital legacy for when I die.

Digital Asset Planning: Who Will Care for Your Pokémon When You’re Gone?

Study Shows Users Don’t Read Terms of Service Agreements

Not surprisingly, a recent study shows that users don’t read Terms of Service Agreements and Privacy Policies. In a July 7, 2016, working paper, Jonathan Obar and Anne Oeldorf-Hirsch reported that, in their experiment, 98% of users missed the “gotcha clauses” they planted in the Terms of Service Agreement and Privacy Policy for a fictitious social networking site they created. One of the “gotcha clauses” was that, by agreeing to the Terms of Service Agreement, the user would immediately assign their first-born child to the company!

In their experiment, the fictitious company had a 4,316-word Terms of Service Agreement for the user to read when signing up for the company’s social networking site. By comparison, Google’s Terms of Service Agreement (revised April 14, 2014) runs 1,881 words, Facebook’s Terms of Service Agreement (revised January 30, 2015) runs 3,159 words, and Yahoo!’s Terms of Service Agreement (revised March 16, 2012) runs 5,585 words. The working paper notes that an average adult should be able to read the 4,316-word Terms of Service Agreement used in the experiment in 15-17 minutes. However, in the experiment, 86% of users spent less than one minute reading the Terms of Service Agreement, and 97% of users spent less than five minutes reading the Terms of Service Agreement. Only 9 of the 527 participants in the experiment (1.7%) reported noticing the “gotcha clause” requiring the user to assign their first-born child to the company.

From an estate planning perspective, some Terms of Service Agreement provisions are important to consider, especially when planning for a user’s incapacity or death. Here are several provisions to consider in reviewing Terms of Service Agreements:

  1. May the user share the user’s password or let others access the user’s account? For estate planning, this is important to determine whether a fiduciary or family member can access the user’s account during the user’s incapacity or after the user’s death. If someone other than the user accesses the user’s account and “exceeds authorized access”—which could include violating the access rules of a company’s Terms of Service Agreement—that person could be charged with a crime under applicable state law, under the federal Computer Fraud and Abuse Act (18 U.S.C. § 1030(a)(2)), or under the federal Stored Communications Act (18 U.S.C. § 2701(a)) For example, Section 4.8 of Facebook’s Terms of Service Agreement (revised January 30, 2015) says “You will not share your password…let anyone else access your account, or do anything else that might jeopardize the security of your account.”
  2. May the user transfer the user’s account? For estate planning, this is important to determine whether the user’s account may be transferred to another individual, to the trustee of a revocable living trust, to the trustee of an irrevocable trust, to a Limited Liability Company (LLC), to a partnership, or to a corporation either during the user’s lifetime or after the user’s death. If the user breaches the account transfer restrictions in the company’s Terms of Service Agreement, it could be grounds for the company to terminate the user’s account.
  3. Does the user’s account terminate on the user’s death? For estate planning, this is important to know what planning needs to be done during the user’s lifetime to preserve and protect the user’s account contents and what planning options are available after the user’s death. For example, Section 28 of Yahoo!’s Terms of Service Agreement (revised March 16, 2012) says “You agree that your Yahoo account is non-transferable and any rights to your Yahoo ID or contents within your account terminate upon your death.”
  4. What rights to the user’s data are being assigned to the company? For estate planning, this is important to know what intellectual property rights are involved. For example, is the user granting the company a license to use original works of authorship of the user that may be protected by copyright law? If so, does that license continue after the user’s death or after the user’s account is deleted?
Prince’s death highlights importance of writing a Will

Prince’s death highlights importance of writing a Will

Prince

The death of the world famous popstar has shone a light on how important it is to have a Will in place says Hannah Blakey.

On 21 April 2016 the Queen celebrated her 90th birthday. A day of jubilation was planned, honouring the Queen’s life and her dedication to the Commonwealth and international affairs. On the day, however, it was the death of a Prince which shared the headlines alongside the life of a Queen.

For, also on 21 April, Prince, one of the twentieth century’s greatest musical artists, was found dead in a lift on his Paisley Park estate, near Minneapolis. In interviews with friends following his death, Prince has been described as healthy in his habits, tireless at work and an energetic creator who avoided alcohol and recreational drugs. His death has therefore left investigators and mourners alike grappling with how the musician’s life could have come to such a sudden end.

The unexpected nature of Prince’s death, tragically at the age of 57, alongside a flurry of other shocking celebrity deaths in 2016, exemplifies the importance of having appropriate estate planning in place. As it is never possible to know what is waiting around the next bend, preparation is vital.

On this side of the pond, the first step that all should take, once they are over eighteen, is putting in place a Will. By doing so, it is possible to avoid the inflexible intestacy rules that would otherwise apply, ensuring that you are in control of where your estate passes. Someone in the public eye, like Prince, should also prepare the Will with publicity in mind: a Will becomes public document after a person’s death. Including a trust or overriding power in a Will not only provides flexibility to adapt to whatever the future holds (a key consideration when you are putting a Will in place which is unlikely to be needed for decades) but can also protect the identity of heirs.

A key element of putting in place a Will is considering who to appoint as executors of your estate. The executors are responsible for collecting in and distributing the estate of the person who has died in accordance with the terms of their Will. The role of an executor is one of great responsibility. It can also be an onerous job, so it is important to consider whether those chosen will have the time and abilities to take on the role, especially at what is likely to be a highly emotional period.

To aid your future executors, the Law Society’s Wills and Inheritance Quality Scheme Protocol recommends the completion and maintenance of a Personal Assets Log. By keeping an informal inventory of your assets (and storing important policy documents alongside this list), you will enable your executors to piece together more easily what you own (and if your executors are professionals, more cost-effectively).

In the technological age in which we live, it is vital that, in preparing this log, you consider leaving clear instructions about what should happen to social media, computer games and other online accounts after your death, as well as more tangible assets. Preparing a list of all your online accounts, such as email, banking, investments and social networking sites, will make it easier for executors to work out your digital legacy and adhere to your wishes. Leaving a list of accounts (rather than a list of passwords and PIN numbers) is preferable, as an executor accessing your account with passwords and PIN details could be committing a criminal offence under the Computer Misuse Act 1990.

With an estimated estate of £200 million, and with no living children or partner, it is not yet clear who will inherit Prince’s fortune or the rights to his music. Wherever his assets pass, it is undoubtable that Prince’s memory will live on through his innovative music that defined an era.

Death apps promise to help people curate their afterlives

Death apps promise to help people curate their afterlives

Everest death apps funeral curation
My name’s Will, and I’m dead. Photograph: YouTube

A young man is staring straight into the camera. He looks late 20s or early 30s, with a suede blazer and two-toned hipster glasses, and cheerfully waves as he introduces himself. “Hi, my name’s Will,” he tells the YouTube audience. “And I’m dead.”

“While my family is a bit upset, they’re not stressed. Because when I was among the land of the living, I made the incredibly smart move of signing up for Everest.”

Will flashes a smile. His family plans his funeral in the background, using the detailed plan he left behind.

An explainer of Everest, by popular Los Angeles production company Sandwich Video.

Everest is a Houston-based funeral concierge, and the firm that commissioned Will’s upbeat, millennial-friendly video last fall from Sandwich Video, a Los Angeles production company popular with the tech set in Silicon Valley. Everest published the film in February 2016 as part of a campaign to target millennials, hoping even twentysomethings can be lured into thinking about their digital afterlives.

Everest is just one of a wave of apps and digital services that are emerging to help millennials plan their own #authentic mortal passings, right down to Instagram-worthy funerals. Last fall, rival apps Cake and SafeBeyond were released within one month of each other, and both hope to streamline end-of-life planning into one simple app.

Death apps promise to help a person organize his or her entire online life into a bundle of digital living wills, funeral plans, multimedia memorial portfolios and digital estate arrangements. It could be the mother of all personal media accounts, designed to store all of a person’s online passwords in one spot, for a successor to retrieve after he or she dies.

But millennials already curate their digital lives to perfection on social media. So how much are these “death apps” adding just another layer of pressure to personalize yet another stage of their lives?

According to a 2011 McAfee survey, the average American valued their digital assets at around $55,000. In 2015, the average internet user has at least 90 online accounts. A tech pundit once estimated that 2.89 million Facebook users would die around the world in 2012 and leave their pages behind. In the US, 89% of adults age 18-29 who use the internet also use a social networking service.

Google, Pinterest, Twitter and Facebook already offer options to let users pass control of their accounts to their loved ones if they die – with limitations. Facebook legacy contacts, for example, cannot edit a memorialized account’s old posts or delete the account entirely.

In contrast, death apps help people give their loved ones unconditional control of all of their online accounts by digitally transmitting their account passwords to them, post-mortem. Online banking, digital newspaper subscription and online shopping accounts are all scooped up by death apps, not just social media accounts.

Millennials aren’t exactly dying more frequently these days. In 2013, the most recent year for which official data is available, Millennials’ death rates stayed constant in the US, even dropping slightly in the youngest group. Logically, it’s the post-second world war baby boomers driving the business of death apps – and coincidentally, the death rates of people between 55 and 64 also jumped in 2013.

But end-of-life planning services see millennials as their newest drivers as they begin to have families and think about how to manage their legacies. And some are making death a part of their lifestyles. “Death salons” and “death cafés” have grown cult followings, and there are selfie tumblrs of people at funerals.

Everest claims that more than 25 million people across the US and Canada have access to the service as part of their employee benefits packages. In 2013, under pressure from its customers, Everest rolled out a cloud service, similar to Cake and SafeBeyond, that lets clients store any type of digital data on its servers.

“They’re getting used to these kinds of services in other parts of their lives. It’s just one more of those,” says Mark Duffey, Everest’s CEO. “Instead of making it harder, in many cases, it makes it simpler.”

The co-founder of another end-of-life planning company, Everplans, formed the basis for Everplans by drawing on her own experience planning her wedding with The Knot’s online wedding planning tool. Sites like The Knot and The Bump provide online checklists and weekly email reminders for wedding and family planning, spanning several months or even years ahead of an event. But planning for death? With these death apps, it could turn into a lifelong Facebook update.

“We don’t expect somebody to go through and finish an Everplan in an hour or a day. We see it as an ongoing process,” says Gene Newman, Everplans’ editorial director.

Newman says he updates his own Everplans account every week, sometimes when he hears user feedback on new data scenarios the company should include or exclude if a service shuts down. After Everplans adds and deletes fields in its service plan, Newman usually makes changes to his own account in the same places.

Some services, like Afternote, offer people templates to create multimedia tributes about themselves while they’re still living and save them to their accounts. In case you only wanted people to remember you in a photomontage, this would be the route to go.

Since millennials already love visually documenting their lives, they could make photography in the end-of-life industry take off. Melanie Parker is an independent photographer that has specialized in funeral photography for five years. Although none of the funerals she has photographed have been for millennials, she says that the average age of the clients who ask her to photograph funerals is 24 years old.

And while no one has reserved Parker’s photography services as part of a pre-meditated funeral plan, she affirms that the profile of the person seeking funeral photography services typically is a millennial.

“The people that I talk to look at the pictures again and again,” Parker says. “This is another stage in their lives, too, like any other.”