Copyright Act · 2006 Revised Edition · Part V · Remedies for Infringements of Copyright
127. Apportionment of profits between owner and exclusive licensee
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an action, insofar as it is brought under section 119, relates, in whole or in part, to an infringement in respect of which the owner of the copyright and the exclusive licensee have concurrent rights of action under that section; and
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,
in that action, whether the owner of the copyright and the exclusive licensee are both parties or not, an account of profits is directed to be taken in respect of that infringement,then, subject to any agreement of which the court is aware by which the application of those profits is determined as between the owner of the copyright and the exclusive licensee, the court shall apportion the profits between them in such a manner as the court considers just and shall give such directions as the court considers appropriate for giving effect to that apportionment.[Aust. 1968, s. 123]
owner
“owner”, in relation to the copyright in copyright material, includes an exclusive licensee of the copyright in the material;