Revised Laws of Saint Lucia (2021)

30.   Transmission of moral rights on death

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    (1)   On the death of a person entitled to a right conferred by sections 14, 15, or 17 the right passes—

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      (a)     to such person as he or she may by testamentary disposition specifically direct; or

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      (b)     in the absence of any such direction, then if the copyright in the work in question forms part of his or her estate, to the person to whom the copyright passes,

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    and if, or to the extent that, the right does not pass under paragraph (a) or (b), it is exercisable by his or her personal representatives.

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    (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) is correspondingly divided.

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    (3)   Where by virtue of subsection (1)(a) or (1)(b) a right becomes exercisable by more than one person, then—

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      (a)     where the right is conferred by section 14, it may be asserted by any of them;

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      (b)     where the right is conferred by section 15 or 17, it is a right exercisable by each of them and is satisfied in relation to any of them if he or she consents to the treatment or act in question; and

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      (c)     any waiver of the right in accordance with section 19 by one of them does not affect the rights of the others.

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    (4)   A consent or waiver previously given binds any person to whom a right passes by virtue of subsection (1).

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    (5)   Any infringement after a person's death of the right conferred by section 16 is actionable by his or her personal representatives

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    (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 or her estate as if the right of action had subsisted and been vested in him or her immediately before his or her death.