Division 3.—Proceedings where Copyright is subject to Exclusive Licence.
Definitions. 117. In this Division—
- “if the licence had been an assignment” means if, instead of the licence, there had been granted (subject to conditions corresponding as nearly as practicable with those subject to which the licence was granted) an assignment of the copyright in respect of its application to the doing, at the places and times authorized by the licence, of the acts so authorized;
- “the other party” means—
- (a) in relation to the owner of the copyright—the exclusive licensee; and
- (b) in relation to the exclusive licensee—the owner of the copyright.
Application. 118. This Division applies to proceedings in relation to a copyright in respect of which an exclusive licence has been granted and is in force at the time of the events to which the proceedings relate.
Rights of exclusive licensee. 119. Subject to the succeeding sections of this Division—
- (a) except against the owner of the copyright, the exclusive licensee has the same rights of action as he would have, and is entitled to the same remedies as he would be entitled to, by virtue of section 115 of this Act if the licence had been an assignment, and those rights and remedies are concurrent with the rights and remedies of the owner of the copyright under that section;
- (b) except against the owner of the copyright, the exclusive licensee has the same rights of action as he would have, and is entitled to the same remedies as he would be entitled to, by virtue of section 116 of this Act if the licence had been an assignment; and
- (c) the owner of the copyright does not have any rights of action that he would not have, and is not entitled to any remedies that he would not be entitled to, by virtue of section 116 of this Act if the licence had been an assignment.
Joinder of owner or exclusive licensee as a party. 120.—(1.) Where—
- (a) an action is brought by the owner of the copyright or by the exclusive licensee; and
- (b) the action, in so far as it is brought under section 115 of this Act, relates, in whole or in part, to an infringement in respect of which the owner and the licensee have concurrent rights of action under that section,
the owner or licensee, as the case may be, is not entitled, except with the leave of the court, to proceed with the action, in so far as it is brought under that section and relates to that infringement, unless the other party is joined as a plaintiff in the action or added as a defendant.
