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Contents

Chapter V · Dealings with Rights in Copyright Works

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 312

Report

Chapter VI

Remedies for Infringement

Chapter VII

Copyright Licensing

Chapter VIII

The Copyright Tribunal

Chapter IX

Qualification for and Extent of Copyright Protection

Chapter X

Miscellaneous and General

Schedules