§ 382 — Consent and formal waiver

382.—(1) Despite any provision of this Division, the moral rights of an author are not infringed by any act or omission to which the author consented (whether in writing or otherwise).(2) The moral rights of an author may be formally waived by the author.

(3) A formal waiver is valid only if it is —(a)

made in writing; and

(b)

signed by the author.

(4) A formal waiver may —(a)

relate to a specific authorial work, to authorial works of a specified description or to authorial works generally;

(b)

relate to existing or future authorial works;

(c)

relate to some or all moral rights;

(d)

be conditional or unconditional; and

(e)

be expressed to be revocable.

(5) Subject to any contrary intention in the waiver, a formal waiver in favour of a person who is the owner or prospective owner of the copyright in the authorial work or works to which the waiver relates is presumed to extend to the person’s licensees and successors in title.

(6) To avoid doubt, this section does not affect the operation of the general law of contract or estoppel in relation to an informal waiver or any other transaction in relation to moral rights.

—(1) Despite any provision of this Division, the moral rights of an author are not infringed by any act or omission to which the author consented (whether in writing or otherwise).

(2) The moral rights of an author may be formally waived by the author.

(3) A formal waiver is valid only if it is —(a)

made in writing; and

(b)

signed by the author.

(4) A formal waiver may —(a)

relate to a specific authorial work, to authorial works of a specified description or to authorial works generally;

(b)

relate to existing or future authorial works;

(c)

relate to some or all moral rights;

(d)

be conditional or unconditional; and

(e)

be expressed to be revocable.

(5) Subject to any contrary intention in the waiver, a formal waiver in favour of a person who is the owner or prospective owner of the copyright in the authorial work or works to which the waiver relates is presumed to extend to the person’s licensees and successors in title.

(6) To avoid doubt, this section does not affect the operation of the general law of contract or estoppel in relation to an informal waiver or any other transaction in relation to moral rights.