§ 401 — Consent and formal waiver

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

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

made in writing; and

(b)

signed by the performer.

(4) A formal waiver may —(a)

relate to a specific performance, to performances of a specified description or to performances generally;

(b)

relate to past or future performances;

(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 (X) who is the rights owner or prospective rights owner of a performance or performances to which the waiver relates is presumed to extend to persons acting with X’s authority and X’s 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 a performer are not infringed by any act or omission to which the performer consented (whether in writing or otherwise).

(2) The moral rights of a performer may be formally waived by the performer.

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

made in writing; and

(b)

signed by the performer.

(4) A formal waiver may —(a)

relate to a specific performance, to performances of a specified description or to performances generally;

(b)

relate to past or future performances;

(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 (X) who is the rights owner or prospective rights owner of a performance or performances to which the waiver relates is presumed to extend to persons acting with X’s authority and X’s 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.