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Who Owns a Decedent’s E-Mails: Inheritable Probate Assets or Property of the Network?

A tremendous volume of personal and business e mail is generated daily. Some of these e mail messages may eventually have considerable economic value, such as those sent by United States presidents or by famous authors. Others may have significant sentimental value to family members when the author of the e mails passes away. What happens to e mails when someone dies and the only remaining copy is on a network server or in a recipient’s inbox? Are they owned by the author? The recipient? The network? The author’s employer? If owned by the author, are they copyrightable works capable of federal registration in the United States Copyright Office? Are they probate assets that pass under the laws of intestate succession or under a will? If valuable and capable of producing royalty income should they be part of a financial plan? Are there specific laws on this topic that would be useful for an attorney counseling an e mail author on any of these questions? This paper will address these and other relevant questions on who owns a decedent’s e mail.