Section 205J Consent and waiver of rightsF1
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.
Any of those rights may be waived by instrument in writing signed by or on behalf of the person giving up the right.
A waiver—
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
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.
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.
Annotations
Textual amendments
- F1
Ss. 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))
Notes on Part II
Modifications
- C1
Pt. 2 restricted (22.4.2003) by The Performances (Reciprocal Protection) (Convention Countries and Isle of Man) Order 2003 (S.I. 2003/773), art. 3 (which S.I. was revoked (1.5.2005) by S.I. 2005/852, art. 8(c))
- C2
Pt. 2 extended (with modifications) (1.5.2005) by The Copyright and Performances (Application to Other Countries) Order 2005 (S.I. 2005/852), art. 6, Sch. (with art. 7) (which S.I. was revoked (6.4.2006) by S.I. 2006/316, art. 1(3))
- C3
Pt. 2 extended (with modifications) (6.4.2006) by The Copyright and Performances (Application to Other Countries) Order 2006 (S.I. 2006/316), art. 6, Sch. (with art. 7) (which S.I. was revoked (6.4.2007) by S.I. 2007/273, art. 1(3))
- C4
Pt. 2 extended (with modifications) (6.4.2007) by The Copyright and Performances (Application to Other Countries) Order 2007 (S.I. 2007/273), art. 6, Sch. (with art. 7) (which S.I. was revoked (6.4.2008) by S.I. 2008/677, art. 1(3))
- C5
Pt. 2 extended (with modifications) (6.4.2008) by The Copyright and Performances (Application to Other Countries) Order 2008 (S.I. 2008/677), art. 6, Sch. (with art. 7) (which S.I. was revoked (6.4.2012) by S.I. 2012/799, art. 1(3))
- C6
Pt. 2 extended (with modifications) (6.4.2012) by The Copyright and Performances (Application to Other Countries) Order 2012 (S.I. 2012/799), arts. 1(1), 6, 7, Sch. (with art. 8) (which S.I. was revoked (6.4.2013) by S.I. 2013/536, art. 1(3))
- C7
Pt. 2 extended in part (with modifications) (6.4.2013) by The Copyright and Performances (Application to Other Countries) Order 2013 (S.I. 2013/536), arts. 1(1), 6, 7, Sch. (with art. 8) (as amended (6.4.2015) by S.I. 2015/216, art. 2) (which S.I. and amending S.I. were revoked (6.4.2017) by S.I. 2016/1219, art. 1(3))
- C8
Pt. 2 extended (with modifications) (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 10, 12, Sch. Pt. 2 (with art. 13) (as amended (26.6.2021) by S.I. 2021/636, arts. 1, 2(4)(b); (15.4.2023) by S.I. 2023/296, arts. 1, 2(3); and (15.12.2024) by S.I. 2024/193, arts. 1(2), 6(2)(4) and S.I. 2024/1124, arts. 1(2), 7)
- C9
Pt. 2 restricted (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 9, 11, Sch. (with art. 13) (as amended (15.12.2024) by S.I. 2024/193, arts. 1(2), 6(1)(3)(4) and S.I. 2024/1124, arts. 1(2), 4, 5, 7)
- C10
Pt. 2 extended (26.6.2021) by S.I. 2016/1219, art. 12A (as inserted by The Copyright and Performances (Application to Other Countries) (Amendment) Order 2021 (S.I. 2021/636), arts. 1, 2(3)) (as amended (15.12.2024) by S.I. 2024/1124, arts. 1(2), 6, 7)