- (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.
Action for infringement of moral rights
402. The performer of a performance may bring an action in the Court against any person who infringes any of the performer’s moral rights.
Limitation of action
403. An action may not be brought in respect of an infringement of a performer’s moral rights more than 6 years after the infringement takes place.
Remedies
404.—(1) The remedies that the Court may grant for an infringement of moral rights include—
- (a) an injunction (which may be subject to terms); and
- (b) damages.
(2) In deciding on the appropriate remedy, the Court must consider all relevant matters, including—
- (a) whether the defendant was aware, or ought reasonably to have been aware, of the performer’s moral rights;
