Section 98
Section 98
(1)
On the death of a person entitled to a right conferred by sections 80, 83 or 88 –
(a)
the right passes to such person as he may by will specifically direct;
(b)
if there is no such direction but the copyright in the work forms part of his estate, the right passes to the person to whom the copyright passes; and
(c)
if or to the extent that the right does not pass under paragraphs (a) or (b), it is exercisable by his personal representative.
(2)
Where copyright forming part of a person’s estate passes in part to one person and in part to another, including cases where a bequest is limited so as to apply –
(a)
to one or more, but not all, of the things the copyright owner has the exclusive right to do or authorise; or
(b)
to part, but not the whole, of the period for which the copyright is to subsist, any right which passes with the copyright under subsection (1) is correspondingly divided.
(3)
Where under paragraphs (a) or (b) of subsection (1) a right becomes exercisable by more than one person –
(a)
it may, in the case of the right conferred by section 80, be asserted by any of them;
(b)
it is, in the case of the right conferred by sections 83 or 88, a right exercisable by each of them and is satisfied in relation to any of them if he consents to the treatment or act in question; and
(c)
any waiver of the right in accordance with section 90 by one of them does not affect the rights of the others.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
74
BLUV as at 24th December 2013
(4)
A consent or waiver previously given or made binds any person to whom a right passes under subsection (1).
(5)
Any infringement after a person’s death of the right conferred by section 87 is actionable by his personal representative.
(6)
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 that person’s estate as if the right of action had subsisted and been vested in him immediately before his death.