Copyright Act · 2006 Revised Edition · Part V · Remedies for Infringements of Copyright
126. Assessment of damages where exclusive licence granted
Feedback & supportLast amended by an amending law of 2004.
Where an action to which section 124 applies is brought and the owner of the copyright and the exclusive licensee are not both plaintiffs in the action, the court, in assessing damages or statutory damages in respect of an infringement of a kind referred to in that section, shall —
action
“action” means a proceeding of a civil nature between parties, and includes a counterclaim.(2) In the application of this Part in relation to a counterclaim, references to the plaintiff and to the defendant shall be read as references to the defendant and to the plaintiff, respectively.[Aust. 1968, s. 114] In this Part,
if the plaintiff is the exclusive licensee — take into account any liabilities, in respect of royalties or otherwise, to which the licence is subject; and
whether the plaintiff is the owner of the copyright or the exclusive licensee — take into account any pecuniary remedy already awarded to the other party under section 119 in respect of that infringement, or any right of action exercisable by the other party under that section in respect of that infringement, as the case requires. [Aust. 1968, s. 122]
owner
“owner”, in relation to the copyright in copyright material, includes an exclusive licensee of the copyright in the material;