Copyright and Related Rights Act, 2000
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Exercise of concurrent rights. |
307.—(1) Where an action for infringement of a performer's property rights brought by the rightsowner 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 rightsowner 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 plaintiff or added as a defendant. | |
(2) A rightsowner 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 rightsowner or exclusive licensee. | ||
(4) Where an action for infringement of a performer's property rights is brought which relates, whether in whole or in part, to an infringement in respect of which the rightsowner and an exclusive licensee have or had concurrent rights of action— | ||
(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; and | ||
(c) the appropriate court shall, where an account of profits is directed, apportion the profits between them as the appropriate court thinks fit, subject to any agreement between the rightsowner and the exclusive licensee. | ||
(5) Subsection (4) shall apply whether or not the rightsowner and the exclusive licensee are both parties to the action. | ||
(6) Before— | ||
(a) applying for an order for delivery up under section 255 , | ||
(b) applying for an order to seize illicit recordings, articles or devices under section 256 , or | ||
(c) exercising the right to seize and detain conferred by section 257 , | ||
the rightsowner shall notify any exclusive licensee having concurren rights and the appropriate court may, on the application of the licensee, make such order for delivery up, seizure of illicit recordings, articles or devices or, as the case may be, prohibiting or permitting the exercise by the rightsowner of the right to seize and detain, as it thinks fit, having regard to the terms of the licence between the rightsowner and the exclusive licensee. |