From Lata Mangeshkar To Instagram Influencers: Why Creative Rights Need Separate Planning

Estate planning attorneys see the same scenario repeat constantly. When an artist passes away, a consistent problem surfaces without fail. The family assumes they know who owns what. Then comes the discovery of the actual mess hidden in the paperwork. Ownership of creative works doesn't function the way most people assume it does.

Here's what confuses families most: someone can own a painting but not own the right to copy it. A person can have copyright but not own the physical artwork. Someone else might own their name and likeness rights.

“When an artist dies without clear instructions about these different ownership pieces, heirs end up fighting or completely frozen. One child inherits the painting. Another inherits the copyright. The spouse owns the business brand. They're all co-owners but nobody can make decisions without everyone agreeing. It's utterly paralyzing for everyone involved,” says Shraddha Nileshwar, Vertical Head, Will & Estate Planning. 1 Finance, a personal finance platform.

Take Asha Bhosle as a perfect example. When she passed away at the age of 92 in April 2026, she left behind an empire that she had been building for years. Royalties were coming in from her music over a period of seven decades. Her restaurant business operated across Middle Eastern and UK markets, generating steady revenue. Real estate worth hundreds of crores sat throughout Mumbai and beyond. Her son Anand and granddaughter Zanai inherited everything legally. But here's what confused them - did they inherit the copyright to her songs exactly the same way they inherited restaurants and property?

“The law doesn't treat intellectual property the same as physical assets. Without a Will addressing copyrights specifically, those rights went through probate completely differently than other assets. This created real confusion for heirs about what they could do with the music catalog and continuing royalties,” informs Nileshwar.

Her sister Lata Mangeshkar dealt with the same complications in 2022. M.S. Subbulakshmi, a classical singer, faced similar problems decades back. This problem doesn't limit itself to famous people. Any serious creative professional faces the same issue.

What strikes observers most is how young Instagram influencers building massive followings in just years face identical complications. Millions watch their content regularly. Video and image content makes real money due to sponsorship and collaborations. That's their most valuable asset. When one dies suddenly, families have no idea what comes next. Can they access the account? Do sponsorship contracts automatically end? Who legally owns the videos? These exact same ownership questions plagued Asha Bhosle's family, just in a different modern context.

“The solution isn't complicated. Artists need to write it down clearly. Tell people specifically what happens to copyright after death. Establish what happens to digital accounts. Set up agreements with collaborators. Name an executor for intellectual property. That's all it requires to properly protect a creative legacy,” suggests Nileshwar.

Creators procrastinate on this constantly. They think they'll handle it eventually. But eventually doesn't arrive for most. When it doesn't, families inherit confusion instead of clarity. It's one of the most preventable problems in estate planning. All it takes is honest conversation and clear documentation of wishes and intentions.

FAQs

1. Can someone own a piece of art but not the copyright?

Yes. Ownership of the physical work and the copyright to the work are separate under the law and can be owned by different individuals.

2. Who owns an influencer’s Instagram account when they die?

It depends. The rights to access and ownership will depend on the platform’s policies, terms of service and any contracts signed, as well as if the influencer left clear instructions as part of their estate plan.

3. Why is it important for artists and creators to address intellectual property in their Will?

Estate planning that includes instructions for an artists’ intellectual property can help prevent battles over copyrights, royalties, digital accounts and brand protections between heirs.