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Character Waiver for the United Kingdom

Character Waiver Template for England and Wales

A Character Waiver is a legal document under English and Welsh law that formally permits specific uses of a copyrighted character by waiving certain rights held by the original rights owner. This document establishes the scope, duration, and conditions under which the character may be used, while protecting both the rights holder's interests and the user's ability to utilize the character within agreed parameters. It typically includes detailed specifications about permitted uses, quality control measures, and territorial limitations.

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Character Waiver

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What is a Character Waiver?

The Character Waiver serves as a crucial legal instrument in the intellectual property landscape of England and Wales, facilitating the controlled use of protected characters while maintaining appropriate safeguards for rights holders. This document type is particularly relevant when organizations need to grant permission for character use without executing a full license agreement. The Character Waiver typically specifies permitted uses, territorial scope, duration, and any quality control requirements, while ensuring compliance with relevant copyright and trademark legislation. It's commonly used in scenarios ranging from marketing campaigns to educational materials, where streamlined permission for character use is required.

What sections should be included in a Character Waiver?

1. Parties: Identification of rights holder and party receiving the waiver

2. Background: Context of the waiver and description of the character(s)

3. Definitions: Key terms including Character, Rights, Territory, and Term

4. Scope of Waiver: Specific rights being waived and extent of permitted use

5. Term and Territory: Duration and geographical scope of the waiver

6. Governing Law: Confirmation of applicable law and jurisdiction

What sections are optional to include in a Character Waiver?

1. Consideration: Payment or other consideration for the waiver, if applicable

2. Usage Guidelines: Specific requirements for character usage, included when precise control is needed

3. Quality Control: Standards for character representation, included for brand protection

4. Moral Rights: Specific waiver of moral rights, included when required by jurisdiction

5. Termination Rights: Conditions for early termination, included for longer-term waivers

What schedules should be included in a Character Waiver?

1. Character Description: Detailed description and/or visual representation of the character(s)

2. Permitted Uses: Specific list of allowed uses and contexts

3. Style Guide: Visual guidelines for character representation if applicable

4. Previous Rights: Documentation of existing rights and registrations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Document Type

Waiver

Cost

Free to use
Relevant legal definitions















Clauses


















Industries

Copyright, Designs and Patents Act 1988: Key legislation governing moral rights and character rights, including rights of attribution and integrity in creative works

Trade Marks Act 1994: Legislation concerning registered trademarks and protection of distinctive character elements

Data Protection Act 2018 and UK GDPR: Laws governing the protection of personal data, relevant if the character contains elements based on real persons

Common Law Principles: Fundamental contract law principles including offer, acceptance, consideration, and principles of waiver and estoppel

Consumer Rights Act 2015: Legislation protecting consumer rights and ensuring fairness of terms in consumer relationships

Unfair Contract Terms Act 1977: Law governing the reasonableness of contract terms and limitation of liability considerations

Equality Act 2010: Legislation protecting against discrimination and governing the treatment of protected characteristics

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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