Copyright and Related Rights Act, 2000
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Exercise of concurrent rights. |
136.—(1) Where an action for infringement of the copyright in a work brought by the copyright owner or an exclusive licensee relates, whether in whole or in part, 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 appropriate court, proceed with the action unless the other is either joined as a plaintiff or added as a defendant. | |
(2) A copyright owner or exclusive licensee who is added as a defendant under subsection (1) shall not be liable for any costs in an action unless he or she takes part in the proceedings. | ||
(3) Nothing in this section shall affect the granting of interlocutory relief on an application by the copyright owner or exclusive licensee. | ||
(4) Where an action for infringement of copyright is brought which relates, whether in whole or in part, to an infringement in respect of which the copyright owner and an exclusive licensee have or had concurrent rights of action, then, the following shall apply— | ||
(a) in assessing damages the appropriate court shall have regard to— | ||
(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 where an award of damages has been made, or an account of profits has been directed, in favour of one of them in respect of the infringement; | ||
(c) the appropriate court shall, where an account of profits is directed, apportion the profits between them as the court thinks fit, subject to any agreement between the copyright owner and the exclusive licensee. | ||
(5) Subsection (4) shall apply whether or not the copyright owner and the exclusive licensee are both parties to the action. | ||
(6) Before— | ||
(a) applying for an order for delivery up under section 131 , | ||
(b) applying for an order to seize infringing copies, articles or devices under section 132 , or | ||
(c) exercising the right to seize and detain conferred by section 133 , | ||
the copyright owner shall notify any exclusive licensee having concurrent rights and the court may, on the application of the licensee, make such order for delivery up, seizure of infringing copies, articles or devices or, as the case may be, prohibiting or permitting the exercise by the copyright owner of the right of seizure and detention as it thinks fit, having regard to the terms of the licence between the copyright owner and the exclusive licensee. |