Copyright and Related Rights Act, 2000
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Chapter 13 Transmission of Recording Rights and Performers' Non-Property Rights | ||
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Performers' non-property rights. |
300.—(1) The rights conferred on a performer by sections 203 , 209 and 212 are non-property rights and shall be known and in Parts III and IV referred to as “performers' non-property rights”. | |
(2) A performer's non-property rights are not assignable or transmissible, except to the extent provided for in subsection (3). | ||
(3) On the death of a person entitled to a performer's non-property rights— | ||
(a) the rights pass by testamentary disposition to such person as the person entitled to the right may direct, and | ||
(b) where there is no such direction, the right is exercisable by the personal representatives of the person entitled to the right. | ||
(4) References in Parts III and IV to the performer, in the context of the person having any right referred to in subsection (1), shall be construed as references to the person for the time being entitled to exercise those rights. | ||
(5) Where, under subsection (3)(a), a right becomes exercisable by more than one person, it is exercisable by each of them. | ||
(6) Any damages recovered by personal representatives under this section in respect of an infringement after a person's death shall devolve as part of the person's estate as if the right of action had subsisted and been vested in that person immediately before his or her death. |