Transmission of rights in performances

(1) The rights conferred by this Part are not assignable or transmissible, except to the extent that performer’s rights are transmissible as provided in this section. (2) On the death of a person entitled to performer’s rights, (a) the rights pass to such person as he may by testamentary disposition specifically direct; and 113 (b) if, or to the extent that there is no such direction, the rights are exercisable by his personal legal representative, and references in this Part to the performer, in the context of the person having performer’s rights, shall be construed as references to the person for the time being entitled to exercise those rights. (3) Where by virtue of subsection (2) (a) of this section, a right becomes exercisable by more than one person, it is exercisable by each of them independently of the other or (4) Subsections (1), (2) and (3) of this section, are without prejudice to any rights conferred by this Part on a person to whom the benefit of a contract or licence is assigned. (5) Any damages recovered by personal legal representatives by virtue of this section in respect of an infringement after a person’s death shall devolve as part of his estate as if the right of action had subsisted and been vested in him immediately before his death.