Section 196
Section 196
(1)
The rights conferred by this Part are not assignable or transmissible, except to the extent that performers’ rights are transmissible in accordance with this section.
(2)
On the death of a person entitled to performer’s rights –
(a)
the rights pass to such person as he may by will specifically direct; and
(b)
if, or to the extent that, there is no such direction, the rights are exercisable by his personal representative, and references in this Part to the performer, in the context of the person having performers’
rights, shall be construed as references to the person for the time being entitled to exercise those rights.
(3)
Where under paragraph (a) of subsection (2) a right becomes exercisable by more than one person, it is exercisable by each of them independently of the other or others.
(4)
Subsections (1), (2) and (3) do not affect paragraph (b) of subsection (2), or paragraph (b) of subsection (3), of section 189, so far as those provisions confer rights under this Part on a person to whom the benefit of a contract or licence has been assigned.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
139
BLUV as at 24th December 2013
(5)
Any damages recovered by a personal representative under this section in respect of an infringement after a person’s death shall devolve as part of his estate as if the right of action had subsisted and been vested in him immediately before his death.
Consent.