Transmission of moral rights, etc., on death

(1) On the death of a person entitled to a right conferred by section 15, 16 or 18 of this Act the right passes, (a) to such person as he may by testamentary disposition specifically direct; or (b) in the absence of any such direction, then in the case of a right conferred by section 15 or 16 of this Act if the copyright in the work in question forms part of his estate, to the person to whom the copyright passes, and if, or to the extent that, the right does not pass under paragraph (a) or (b) of this subsection, it is exercisable by his legal personal representatives. 47 (2) Where copyright forming part of a person’s estate passes in part to one person and in part to another, any part which passes with the copyright by virtue of subsection (1) of this section is correspondingly divided. (3) Where by virtue of subsection (1) (a) or (b) of this section a right becomes exercisable by more than one person, then, (a) where the right is conferred by section 16 or 18 of this Act, it is 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 (b) any waiver of the right in accordance with section 20 of this Act by one of them does not affect the rights of the others. (4) A consent or waiver previously given binds any person to whom a right passes by virtue of subsection (1) of this (5) Any infringement after a person’s death of the right conferred by section 17 of this Act, is actionable by his personal representatives. (6) Any damages recovered by personal 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. 48 and Penalties etc.