Consent and moral rights infringement

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An author may consent to the use of their moral rights and therefore avoid any infringements. If an author provides consent, it must be in writing. Any consent should expressly specify the actions or omissions or the classes of types of acts or omissions that are being consented to. The consent can only apply to:

  • specific work
  • works in existence at the time the consent is given, or
  • work of a particular description, the making of which has not begun or are in the course of being made.

Non-compliance with these mandatory requirements renders any purported consent ineffective. For further information about moral rights, see Acumen note Moral rights.

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