Unlike the various forms of property which, after the owner’s death, vest in personal representatives and thereafter in beneficiaries or transferees, these rights cannot be transferred or divested, even, for example, by personal representatives after administration of the estate is complete.
Where the right passes to the person entitled to the copyright, the right does not become attached to the copyright and passes with it on a subsequent assignment. It remains vested in that person until a subsequent transmission under relevant law is made. It is unclear whether production of a grant is necessary to prove a person’s title to these rights in an action but it is suggested that it is.
Where the right passes to the person specifically appointed by testamentary disposition, the right apparently vests in such appointees immediately on death and not for example, in his executors where he dies testate or in the Public Trustee where he dies intestate.
Where the right passes with the copyright, the position is more complicated. On the death of the copyright owner, the copyright will vest first in his executors or in the Public Trustee and then in his administrators, depending on whether he died testate or in estate.
The copyright will then be subject to the usual trusts in the administration of the owner’s estate and liable to be sold along with his other assets to pay his debts and testamentary expenses.
Only if it is not sold in the course of administration will the copyright pass to the person beneficially entitled to it, whether under the will or under the intestacy rules, by assent or assignment, as the case may be.
Presumably the intention is that the right passes to whoever, incidents of administration apart, is or would have been beneficially entitled to the copyright.
It is not very uncommon that unscrupulous traders or the manufacturers tend to confuse and or mislead consumers of goods of known or popular brands by taking shield and protection under various other laws governing intellectual property rights namely Patent, Merchandise, Designs, TradeMarks and or Copyrights.
There is a growing tendency of using such terms interchangeably or treating such terms synonymously. It may be observed that there may be some similarities and overlapping in intent and purport of such rights, but rights of a proprietor/owner in each namely trademark, merchandise mark, Patent and Design and or Copyrights govern different category of intellectual properties and recognize host of different and special rights, obligations and remedies in their respective domain.
There is a growing tendency of misappropriating rights in one type of intellectual property by seeking protection under different statutes governing altogether different intellectual property.
Most abused are rights in trademarks under the garb of copyrights, later aims to protect original works of art or creative articulation may be of a trade mark in any tangible medium of expression, whereas, trademarks is associated with the goods for the purpose of indicating or so to indicate a connection in the course of trade between the goods and some person having the rights, either as a proprietor or as registered user, to use or apply the trade mark on his goods.