Commentary

204 Transmission of moral rights and remedies for infringement

ENTERTAINMENT AND MEDIA vol 15(1) commentary, music industry documentation
| Commentary

204 Transmission of moral rights and remedies for infringement

| Commentary

204 Transmission of moral rights and remedies for infringement

The moral rights of performers in relation to their performances are not assignable1.

They may, however, be transmitted by testamentary disposition to such person as the performer may direct or if there is no direction but the performer’s property rights in question form part of their estate, the performer’s moral rights pass to the same person as the performer’s property rights pass to, or in the absence of such person, the performer’s moral rights pass to the performer’s personal representatives2.

Where a performer’s property rights pass partly to one person and partly to

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