The Role of the State in Managing Moral Rights after the Author’s Death: A Latvian Perspective

Abstract

This paper examines the legal framework and practical challenges of managing moral rights after an author's death in Latvia, with emphasis on the state's role when there are no legal heirs. Copyright law in Latvia recognizes both economic and moral rights, yet posthumous protection, particularly in heirless cases, remains underdeveloped. Under Latvian law, moral rights, such as the right to disclose a work, are inalienable during the author's lifetime and transfer only to heirs after death. When an author dies without heirs, or heirs fail to assert their rights, management of such rights becomes ambiguous. According to the Civil Law, property without heirs is transferred to the state. However, this transfer primarily concerns the economic administration of the deceased’s estate, rather than the safeguarding of moral rights. The analysis shows that the state in Latvia, through relevant institutions and in accordance with inheritance law and property governance regulations, takes over administration and sale of property, including valuable cultural items. However, there is no explicit legal provision mandating the state to actively protect or enforce the moral rights of deceased authors, such as ensuring proper attribution or preventing distortion of their works.