Section 104
Section 104
(1)
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
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
77
BLUV as at 24th December 2013
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.
(2)
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.
(3)
Subsections (1) and (2) do not affect the granting of interlocutory relief on an application by a copyright owner or exclusive licensee alone.
(4)
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 –
(a)
the court shall in assessing damages take into account –
(i)
the terms of the licence; and
(ii)
any pecuniary remedy already awarded or available to either of them in respect of the infringement;
(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.
(5)
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.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
78
BLUV as at 24th December 2013
Remedies for infringement of moral rights
Remedies for infringement of moral rights.