Copyright and Related Rights Act, 2000
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Transmission of moral rights on death. |
318.—(1) On the death of a person entitled to the paternity right or the integrity right— | |
(a) the right passes by testamentary disposition to such person as the person entitled to the right may direct, | ||
(b) where there is no direction as to whom the right passes but the performer's property rights in the recording of the performance concerned forms part of an estate, the right passes to the person to whom the performer's property rights pass, and | ||
(c) where the right does not pass under paragraph (a) or (b), it is exercisable by the personal representatives of the person entitled to the right. | ||
(2) Where a performer's property rights forming part of an estate pass in part to one person and in part to another, so as to apply— | ||
(a) to one or more, but not all, of the acts the rightsowner has the right to authorise or prohibit, or | ||
(b) to part, but not the whole, of the period for which the performer's property rights are to subsist, | ||
any right which passes with the performer's property rights by virtue of subsection (1) is divided accordingly. | ||
(3) Where, under subsection (1), a right becomes exercisable by more than one person— | ||
(a) it may, in the case of the paternity right, be exercised by any of them, | ||
(b) it is, in the case of the integrity right a right exercisable by each of them, and | ||
(c) any waiver of the right under section 316 made by one of them shall not affect the rights of the other persons. | ||
(4) A consent or waiver binds any person to whom a right passes under subsection (1). | ||
(5) An infringement of the right conferred by section 316 in relation to a false attribution of a performance after the death of a person is actionable by the personal representatives of that person. | ||
(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. |