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Copyright Act 1994

Performers' rights - Performers’ moral rights - Other provisions relating to moral rights

170H: Consent and waiver of rights

You could also call this:

"Agreeing to Give Up Your Performance Rights"

Illustration for Copyright Act 1994

You have rights as a performer. Your rights are not broken if you agree to something. You can also give up your rights by signing a written document. This written document is called a waiver. A waiver can be for a specific performance or for many performances. It must say what rights you are giving up. You can also say that you can change your mind about the waiver. If you give up your rights to someone who owns the performance, it also applies to the people they allow to use it, 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=LMS151727.

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Topics:
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170G: Exceptions to right relating to derogatory treatment of performance, or

"When Your Performance Rights Don't Apply"

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170I: Application to parts of performances, or

"How your performance rights apply to parts of a show"

Part 9Performers' rights
Performers’ moral rights: Other provisions relating to moral rights

170HConsent and waiver of rights

  1. A performer’s rights are not infringed as referred to in sections 170A and 170E—

  2. by any act to which the person who is entitled to the right has consented; or
    1. if the person who is entitled to the right has waived the right by instrument in writing signed by the person.

      1. A waiver—

      2. may relate to a specific performance, or to performances of a specified description that are in existence, in progress, or about to be commenced; and
        1. must 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 person entitled (or prospectively entitled) to exercise the performer’s property rights in the performance to which the waiver relates, is presumed to extend to the person’s licensees and successors in title unless a contrary intention is expressed.

              Notes
              • Section 170H: inserted, on , by section 18 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).