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Copyright Act 1994

Performers' rights - Miscellaneous provisions - Duration and transmission of rights

194B: Transmission of moral rights on death

You could also call this:

"What happens to your moral rights when you die"

Illustration for Copyright Act 1994

When you die, the moral rights you have under sections 170A and 170E can pass to someone else. You can choose who gets these rights in your will. If you do not choose, the rights will go to the person who gets your property. If more than one person gets these rights, they can all use them. For the rights under section 170A, any of these people can assert the right. For the rights under section 170E, each person can use the right and it is not broken if one of them agrees to something. If the people who get these rights take someone to court and win, the money they get will be part of your estate.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS152048.

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194A: Moral rights not assignable, or

"You can't give away your special rights as a creator."

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194C: Performers’ rights relating to consent for recording or live transmission and to film recordings not assignable, or

"Your performance rights are protected and can't be given away"

Part 9Performers' rights
Miscellaneous provisions: Duration and transmission of rights

194BTransmission of moral rights on death

  1. On the death of a person entitled to the rights conferred by sections 170A and 170E,—

  2. the rights pass to the person that he or she may by testamentary disposition specifically direct; or
    1. if there is no such direction but the performer’s property rights in the performance in question form part of the estate, the rights pass to the person to whom the property rights pass; or
      1. if or to the extent that the rights do not pass under paragraph (a) or (b), the rights are exercisable by his or her personal representatives.

        1. If, under subsection (1)(a) or (b), a right becomes exercisable by more than 1 person,—

        2. in the case of the right conferred by section 170A, the right may be asserted by any of those persons; and
          1. in the case of the right conferred by section 170E, the right is exercisable by each of those persons and is not infringed in relation to any of those persons if one of them consents to the treatment or act in question; and
            1. any waiver of the right in accordance with section 170H by one of those persons does not affect the rights of the others.

              1. Any damages recovered by personal representatives under this section in respect of an infringement after a person’s death devolve as part of his or her estate as if the right of action had existed and been vested in him or her immediately before his or her death.

              Notes
              • Section 194B: inserted, on , by section 29 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).