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Copyright Act 1994

Moral rights - Supplementary provisions

107: Consent and waiver of rights

You could also call this:

"Getting permission to use someone's copyright work"

Illustration for Copyright Act 1994

You can do something with a copyright work if the person who owns the rights says it is okay. You can get this permission in writing. If you own the rights to a work, you can waive those rights in writing. This means you give up some of your rights to the work. You can waive rights for a specific work or for a group of works. When you waive your rights, you must say which rights you are giving up. You can also say that you can change your mind later and take back the rights you waived. If you waive your rights to someone who owns the copyright, it also applies to the people they allow to use the work, unless you say otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346267.

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Part 4Moral rights
Supplementary provisions

107Consent and waiver of rights

  1. It is not an infringement of any of the rights conferred by this Part to do any act to which the person who is entitled to the right has consented.

  2. Any of the rights conferred by this Part may be waived by instrument in writing signed by the person waiving the right.

  3. A waiver given pursuant to subsection (2)—

  4. may relate to a specific work, or to works of a specified description that are in existence, in progress, or about to be commenced; and
    1. shall state the rights to which the waiver relates; and
      1. may be expressed to be subject to revocation; and
        1. if made in favour of the owner or prospective owner of the copyright in the work or works to which the waiver relates, shall be presumed to extend to his or her licensees and successors in title unless a contrary intention is expressed.