Copyright Act 1994

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

194D: Transmission of performers’ rights relating to consent for recording or live transmission and to film recordings on death

You could also call this:

"What happens to a performer's rights after they die"

Illustration for Copyright Act 1994

When a person who has rights under sections 171 to 174 dies, their rights are passed on. You can pass these rights to someone you choose. If you do not choose someone, your personal representatives will manage these rights. If you choose more than one person, each of them can make decisions about these rights independently. If your personal representatives get damages for someone infringing your rights after you die, the damages become 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=LMS152050.

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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"


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194E: Transmission of performers’ property rights, or

"Passing on a performer's rights to someone else"

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

194DTransmission of performers’ rights relating to consent for recording or live transmission and to film recordings on death

  1. On the death of a person entitled to the rights conferred by sections 171 to 174,—

  2. the rights pass to the person that he or she may by testamentary disposition specifically direct; and
    1. if or to the extent that there is no such direction, the rights are exercisable by his or her personal representatives.
      1. If, under subsection (1)(a), a right becomes exercisable by more than 1 person, it is exercisable by each of them independently of the other or others.

      2. 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 194D: inserted, on , by section 29 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).