Page:Copyright Act 2021.pdf/257

258 (2) The moral rights of an author may be formally waived by the author.

(3) A formal waiver is valid only if it is—
 * (a) made in writing; and
 * (b) signed by the author.

(4) A formal waiver may—
 * (a) relate to a specific authorial work, to authorial works of a specified description or to authorial works generally;
 * (b) relate to existing or future authorial works;
 * (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 who is the owner or prospective owner of the copyright in the authorial work or works to which the waiver relates is presumed to extend to the person’s licensees and 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

383. The author of an authorial work may bring an action in the Court against any person who infringes any of the author’s moral rights.

Limitation of action

384. An action may not be brought in respect of an infringement of an author’s moral rights more than 6 years after the infringement takes place.

Remedies

385.—(1) The remedies that the Court may grant for an infringement of moral rights include—