Copyright and Related Rights Act, 2000

Waiver of rights.

116.—(1) Subject to subsection (3), any of the rights conferred by this Chapter may be waived.

(2) A waiver made under this section shall be in writing and signed by the person waiving the right concerned.

(3) A waiver made under subsection (1)

(a) may relate to a specific work, to works of a specified description or to works generally, and may relate to existing or future works, 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 copyright in the work or works 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 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 any of the rights referred to in subsection (1).

(5) It shall not be an infringement of any of the rights conferred by this Chapter for a person to undertake any act where the person entitled to the right conferred by this Chapter has consented to the use of those rights by that other person.