Copyright and Related Rights Act, 2000

Chapter 12

Transmission of Performers' Property Rights

Assignment and licences.

293.—(1) A performer's property rights are transmissible by assignment, by testamentary disposition or by operation of law, as personal or moveable property.

(2) A transmission of a performer's property rights by assignment, by testamentary disposition or by operation of law may be partial, so as to apply—

(a) to one or more but not all of the acts a performer has the right to authorise or prohibit, or

(b) to part but not the whole of the period for which the rights in the performance are to subsist.

(3) An assignment of a performer's property rights, whether in whole or in part, is not effective unless it is in writing and signed by or on behalf of the assignor.

(4) A licence granted by the owner of a performer's property rights is binding on every successor in title to his or her interest in the rights, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser and references in this Part to undertaking any act with or without the licence of the rightsowner shall be construed accordingly.

(5) A licence granted by a prospective owner of a performer's property rights is binding on every successor in title to his or her interest (or prospective interest) in the rights, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser, and references in this Part to undertaking any act with or without the licence of the rightsowner shall be construed accordingly.