Introduction
Heirs must decide whether the estate of a deceased artist, musician, etc. (performing artist - hereinafter referred to as the performer) should be settled through a private or public process.
Please contact a lawyer if you need assistance with estate settlement following the passing of a performer.
Rights under Gramo context after the performer's death
Section 75 of the Copyright Act governs the transfer of copyright upon the death of a creator. According to this provision, only copyright is directly inherited. This means that inheritance related to the remuneration rights applicable to performers who contribute to a sound recording, as specified in Section 21 of the Copyright Act (Gramo area), is regulated by the Inheritance Act.
In this context, remuneration rights refer to who should receive the money from the deceased performer.
Two steps
Settling inheritance related to remuneration rights of a deceased performer involves a two-step process:
Payment of already earned remuneration - to the estate, which is a separate legal entity.
Payment of future remuneration - after the estate has been settled and ceased to exist as a legal entity.
Private settlement of the performer's estate (the most common approach)
Earned remuneration:
Gramo requires a probate certificate.
Those who wish to receive payment of already earned remuneration to the estate of the deceased performer must present a probate certificate. The details of this requirement are outlined in Section 118 of the Inheritance Act.
The probate certificate indicates who is authorized to manage the deceased performer's assets (including earned remuneration from Gramo) and to bind the estate legally.
If the probate certificate indicates that there are multiple individuals authorized to manage the estate (multiple heirs or guardians), they must appoint a representative to Gramo (so that Gramo only deals with one representative).
Note: Under no circumstances will Gramo disburse earned remuneration after the passing of a performer without a presented probate certificate.
Future remuneration:
Sole heir In a private settlement, a sole heir distributes the estate based on the rules of the Inheritance Act and the content of any potential will.
The sole heir provides written notice to Gramo about who should receive future remuneration from the deceased performer.
Multiple heirs
In this case, the heirs must come to an agreement regarding the distribution of the estate (division) based on the rules of the Inheritance Act and the content of any potential will.
All heirs provide written notice to Gramo about who should receive future remuneration from the deceased performer.
Member of Gramo
Heirs who receive remuneration (money) based on the deceased performer's remuneration rights have the right to become a member of Gramo, in accordance with the Collective Management Act.