Waiver of rights.
316.—(1) Subject to subsection (3), any of the rights conferred by this Part may be waived.
(2) A waiver made under this section shall be in writing and signed by the person waiving the right.
(3) A waiver made under subsection (1)—
(a) may relate to a specific performance or a recording thereof, to performances or recordings thereof of a specified description or to performances or recordings there of generally, and may relate to existing or future performances or recordings thereof, and
(b) may be conditional or unconditional, and may be expressed to be subject to revocation,
and where a waiver is made in favour of the owner or prospective owner of the rights in the performance or recording thereof, or performances or recordings thereof, to which it relates, that waiver shall be presumed to extend to his or her licensees, successors in title or other persons, claiming under them unless a contrary intention is expressed.
(4) Nothing in this Part 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 any of the rights referred to in subsection (1).
(5) It shall not be an infringement of any of the rights conferred by this Part for a person to undertake any act where the person entitled to the right conferred by this Part has consented to the use of those rights by that other person.