How to address performing rights in a Will
It is possible to assign or license the benefit of your Performing Rights either in your lifetime or on death. This is the same as with other forms of intellectual property rights.
But copyright law has some critical rules that dictate who will receive a performer's or writer's renewal or termination rights. This is even where there is a contrary intention in the Will.
The will writer must see the Performing Rights Agreement so they can advise on what can be gifted and to whom and in what circumstance.
What Performing Rights are
Performing Rights are legal rights that protect a performer's right to perform live music in public.
As a performer for instance you will also have the 'moral right' to be identified as a performer and the right to object to any negative treatment in relation to that performance/ work. For instance, another performer would not be able to alter your work in a way that you be derogatory and/ or affect the original performer's reputation.
They are also part of Copyright law and there will be an accompanying legal agreement often known as a Performing Rights Agreement.
What a Performing Rights Agreement is
A Performing Rights Agreement sets out what payments are paid to whom when such performances are carried out, which may involve a split between a composer (original author) and the performer/a publicist.
Such Agreements will also cover if recordings of their work is used. This can also include streaming services however royalty payments are generally low compared to what would be paid in a public performance setting.
What a Performance Rights Organisation is
Performance Rights Agreements are often managed by Performance Rights Organisations as they have direct and relevant experience in collecting royalties on behalf of song writers and publishers for instance when their work is then played/ performed in public.
The advice to any songwriter or producer would always be that you should join a Performance Rights company and they in turn can liaise between different countries and jurisdictions as appropriate. It is not recommended to join different companies as you may then receive royalty payments from each which is not legally permitted and would be classed as fraud.