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Copyright, Designs and Patents Act 1988

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[F1205JConsent and waiver of rightsE+W+S+N.I.

(1)It is not an infringement of the rights conferred by this Chapter to do any act to which consent has been given by or on behalf of the person entitled to the right.

(2)Any of those rights may be waived by instrument in writing signed by or on behalf of the person giving up the right.

(3)A waiver—

(a)may relate to a specific performance, to performances of a specified description or to performances generally, and may relate to existing or future performances, and

(b)may be conditional or unconditional and may be expressed to be subject to revocation,

and if made in favour of the owner or prospective owner of a performer's property rights in the performance or performances to which it relates, it shall be presumed to extend to his licensees and successors in title unless a contrary intention is expressed.

(4)Nothing in this Chapter shall be construed as excluding the operation of the general law of contract or estoppel in relation to an informal waiver or other transaction in relation to either of the rights conferred by this Chapter.]

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Amendments (Textual)

F1Ss. 205C-205N and cross-headings inserted (1.2 2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), art. 6 (with reg. 8) (which inserted provisions accordingly become Pt. 2 Ch. 3 (1.2.2006) by virtue of S.I. 2006/18, art. 4(6) (with reg. 8))

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