Character Waiver for South Africa

Character Waiver Template for South Africa

A Character Waiver is a legal document used in South Africa that enables an individual to grant permission for their character, likeness, or personality traits to be used by another party. The document is governed by South African law, including the Constitution, POPIA, and relevant common law principles. It provides comprehensive protection for both the grantor and grantee, establishing clear parameters for character usage while ensuring compliance with South African privacy and personal rights legislation. The document typically includes detailed specifications about usage rights, territorial scope, duration, and any restrictions or limitations on character representation.

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What is a Character Waiver?

A Character Waiver is essential in situations where an individual's personality, likeness, or character traits need to be legally used by another party. This document type is particularly relevant in South Africa's entertainment, media, and advertising industries, where it must comply with local legislation including the Constitution, POPIA, and Consumer Protection Act. The Character Waiver serves to protect both the individual granting the rights and the party receiving them by clearly defining the scope, duration, and limitations of character usage. It includes specific provisions for digital rights, territory restrictions, and modification permissions, while ensuring alignment with South African privacy laws and personal rights protections. The document becomes particularly important in commercial contexts where character representation may be used across multiple platforms or media formats.

What sections should be included in a Character Waiver?

1. Parties: Identification of the person granting the waiver (Grantor) and the party receiving the benefit of the waiver (Grantee), including full legal names and details

2. Background: Context of the waiver, including the relationship between parties and the purpose for which the waiver is being granted

3. Definitions: Key terms used in the agreement, including 'Character', 'Likeness', 'Representation', and 'Usage Rights'

4. Grant of Rights: Specific rights being waived and granted, including the extent of character usage permissions

5. Scope of Waiver: Detailed description of how the character/likeness may be used, modified, or adapted

6. Territory and Duration: Geographic scope and time period for which the waiver is valid

7. Representations and Warranties: Grantor's confirmations regarding their capacity to grant the waiver and ownership of rights

8. Indemnification: Provisions protecting the Grantee from claims related to the authorized use of the character

9. Governing Law: Confirmation of South African law as governing law and jurisdiction

10. Execution: Signature blocks and execution requirements

What sections are optional to include in a Character Waiver?

1. Compensation: Used when there is payment or consideration for the waiver

2. Moral Rights: Used when specifically addressing the waiver of moral rights in the character

3. Confidentiality: Used when certain aspects of the character usage or agreement terms must remain confidential

4. Revocation Rights: Used when specific circumstances for potential revocation of the waiver need to be included

5. Digital Rights: Used when character usage includes digital platforms or social media

6. Third Party Rights: Used when the character may be licensed or transferred to third parties

7. Dispute Resolution: Used when specific dispute resolution mechanisms need to be established

What schedules should be included in a Character Waiver?

1. Schedule A - Character Description: Detailed description of the character, including physical attributes, personality traits, and distinctive features

2. Schedule B - Approved Usage Examples: Examples and guidelines for acceptable character usage and modifications

3. Schedule C - Excluded Uses: Specific exclusions or restrictions on character usage

4. Appendix 1 - Visual References: Photographs, drawings, or other visual representations of the character

5. Appendix 2 - Usage Territory Map: If applicable, geographical representation of territory where usage is permitted

Authors

Alex Denne

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

Jurisdiction

South Africa

Publisher

Genie AI

Document Type

Waiver

Cost

Free to use
Relevant Industries

Entertainment

Media

Advertising

Publishing

Gaming

Education

Digital Media

Film and Television

Theatre

Marketing

Social Media

Technology

Relevant Teams

Legal

Creative

Marketing

Digital Rights

Compliance

Content Production

Brand Management

Talent Management

Intellectual Property

Publishing

Media Rights

Character Development

Relevant Roles

Legal Counsel

Content Director

Creative Director

Brand Manager

Talent Manager

Production Manager

Digital Rights Manager

Licensing Manager

Marketing Director

Intellectual Property Lawyer

Entertainment Lawyer

Compliance Officer

Media Rights Coordinator

Character Designer

Publishing Manager

Industries
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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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