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Character Waiver

Character Waiver Template for Malaysia

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Key Requirements PROMPT example:

Character Waiver

"I need a Character Waiver agreement for my animated character 'SparkBot' to be used by ABC Gaming Studios in their upcoming mobile game series, with worldwide rights from January 2025 to December 2025, including merchandising rights but excluding television adaptations."

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Document background
The Character Waiver is a crucial legal instrument in Malaysia's entertainment and media landscape, designed to facilitate the authorized use of characters, personalities, or likenesses while protecting the rights of all parties involved. This document becomes necessary when an individual or entity wishes to use, portray, or adapt a character in various media formats, requiring explicit permission from the rights holder. The waiver must comply with Malaysian legal requirements, including considerations under the Defamation Act 1957, Contracts Act 1950, and relevant intellectual property legislation. It typically includes detailed specifications about permitted uses, territorial scope, duration, and any restrictions on character portrayal, making it essential for media productions, advertising campaigns, and digital content creation.
Suggested Sections

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

2. Background: Context of the waiver, including description of the character and intended use

3. Definitions: Key terms including 'Character', 'Likeness', 'Media', 'Territory', and 'Term'

4. Grant of Rights: Explicit permission to use the character and scope of allowed usage

5. Waiver of Claims: Specific rights being waived and extent of the waiver

6. Representations and Warranties: Confirmation of authority to grant the waiver and other assurances

7. Term and Territory: Duration of the waiver and geographical scope of permitted use

8. Limitations and Restrictions: Specific restrictions on character use and prohibited activities

9. Governing Law: Specification of Malaysian law as governing law and jurisdiction

Optional Sections

1. Compensation: Details of any payment or consideration, if the waiver is not gratuitous

2. Moral Rights: Specific handling of moral rights, particularly relevant for creative works

3. Confidentiality: Required when sensitive information about the character or usage needs protection

4. Assignment and Sub-licensing: Include when transfer of rights or sub-licensing may be needed

5. Termination Rights: Conditions under which the waiver can be terminated, if applicable

6. Indemnification: Protection against third-party claims, included in higher-risk situations

Suggested Schedules

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

2. Permitted Uses: Comprehensive list of approved uses and contexts for the character

3. Reference Materials: Visual references, existing portrayals, or other materials defining the character

4. Usage Guidelines: Specific guidelines for character portrayal and representation

5. Approval Process: If applicable, process for obtaining approval for specific uses

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Entertainment

Media

Advertising

Gaming

Publishing

Education

Digital Content

Social Media

Marketing

Broadcasting

Relevant Teams

Legal

Creative

Content Production

Brand Management

Licensing

Media Rights

Digital Content

Marketing

Intellectual Property

Publications

Animation

Game Development

Relevant Roles

Legal Counsel

Content Director

Creative Director

Brand Manager

Licensing Manager

Media Rights Manager

Entertainment Lawyer

Production Manager

Digital Content Producer

Character Designer

Marketing Director

Intellectual Property Specialist

Publications Manager

Game Developer

Animation Director

Industries
Defamation Act 1957: Malaysian law governing defamation cases, essential for understanding the limits of character portrayal and protecting against potential defamation claims
Contracts Act 1950: Primary legislation governing contract formation and enforcement in Malaysia, ensuring the waiver meets legal requirements for validity
Copyright Act 1987: Regulates intellectual property rights and protects creative works, relevant for character portrayals and associated rights
Trade Marks Act 2019: Protects registered marks and brands, important when dealing with character representations that might involve trademarked elements
Federal Constitution of Malaysia: Fundamental law protecting personal rights and dignity, particularly Article 5 on personal liberty and Article 8 on equality
Communications and Multimedia Act 1998: Regulates media content and communications, relevant for character portrayals in various media formats
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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