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- (b) the number and categories of people who have seen or heard the performance;
- (c) anything done by the defendant to mitigate the effects of the infringement;
- (d) in the case of the moral right under section 391 (right to be identified)—the cost or difficulty (if any) of identifying the performer;
- (e) the cost or difficulty (if any) of reversing the infringement;
- (f) any practice in the industry in which the performance is used that is relevant to the performance or the use of the performance; and
- (g) the damage caused to the performer by the infringement, including any loss of income.
Moral rights not assignable
405. A performer’s moral rights are—
- (a) personal to him or her; and
- (b) not assignable.
Devolution on death
406.—(1) When a performer dies—
- (a) the performer’s moral rights devolve to his or her personal legal representative; and
- (b) any damages recovered in an action under section 402 by the personal legal representative form part of the performer’s estate.
(2) To avoid doubt, any consent or waiver given by a performer in relation to the performer’s moral rights binds his or her personal legal representative.
