Copyright Order, 1999 · As enacted · Chapter VI · Remedies for Infringement
104. (1)
Official textFrom Attorney General's Chambers, unchanged
Where an action for infringement of copyright brought by the copyright owner or an exclusive licensee relates, whether wholly or partly, to an infringement in respect of which they have concurrent rights of action, the copyright owner or, as the case may be, the exclusive licensee may not, without the leave of the court, proceed with the action unless the other of them is either joined as a plaintiff or added as a defendant.
A copyright owner or exclusive licensee who is added as a defendant is not liable for any costs in the action unless he has taken part in the proceedings.
Subsections [1) and (2) do not affect the granting of interlocutory relief on an application by a copyright owner or exclusive licensee alone.
Where an action for infringement of copyright is brought which relates, whether wholly or partly, to an infringement in respect of which the copyright owner and an exclusive licensee have or had concurrent rights of action 315
{a}
the court shall in assessing damages take into account-
the terms of the licence; and
(iil any pecuniary remedy already awarded or available to either of them in respect of the infringement;
2000
Rights and remedies of exclusive licensee.
Exercise of concurrent rights.
Remedies for infringement of moral rights.
Presumptions relevant to literary, dramatic, musical and artistic works.
{b} no account of profits shall be directed if an award of damages has been made, or an account of profits has been directed, in favour of the other of them in respect of the infringement; and
{c} the court shall, if an account of profits is directed, apportion the profits between them as it considers just, subject to any agreement to the contrary.
This subsection applies whether or not the copyright owner and the exclusive licensee are both parties to the action; and if they are not both parties the court may give such directions as it thinks fit as to the extent to which the party to the proceedings is to hold the proceeds of any pecuniary remedy on behalf of the other.
The copyright owner shall notify any exclusive licensee having concurrent rights before applying for an order under section 101 or exercising the right conferred by section 102; and the court may on the application of the licensee make such order under section 101 or, as the case may be, prohibiting or permitting the exercise by the copyright owner of the right conferred by section 102, as it thinks fit having regard to the terms of the licence.
Chapter VII
Copyright Licensing
Chapter VIII
The Copyright Tribunal
Chapter IX
Qualification for and Extent of Copyright Protection
Chapter X