Chapter 13

Transmission of Recording Rights and 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.

301. —(1) The rights conferred by this Part on a person having recording rights in relation to a performance are not assignable or transmissible.

(2) Subsection (1) shall not affect the operation of section 215 (2)(b) or section 215 (3)(b) in so far as those provisions confer rights under this Part on a person to whom the benefit of a contract or licence is assigned.

302. —(1) For the purposes of this Part and Part IV, consent by a person having a performer's non-property rights, or by a person having recording rights, may be given in relation to a specific performance, a specified description of performances or performances generally, and may relate to past or future performances.

(2) A person having recording rights in relation to a performance shall be bound by any consent given by a person through whom he or she derives his or her rights under the exclusive recording contract or licence concerned, in the same way as if the consent had been given by him or her.

(3) Where a performer's non-property right passes to another person, any consent binding on the person previously entitled to the right binds the person to whom the right passes in the same way as if the consent had been given by him or her.