Copyright Act · 2006 Revised Edition · Part V · Remedies for Infringements of Copyright
128. Separate actions in relation to the same infringement
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In an action brought by the owner of the copyright or by the exclusive licensee —
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,
a judgment or order for the payment of damages or statutory damages in respect of an infringement of copyright shall not be given or made under section 119 if a final judgment or order has been given or made in favour of the other party directing an account of profits under that section in respect of the same infringement; and
the other party
“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.[Aust. 1968, s. 117]
a judgment or order for an account of profits in respect of an infringement of copyright shall not be given or made under that section if a final judgment or order has been given or made in favour of the other party awarding damages or statutory damages or directing an account of profits under that section in respect of the same infringement. [Aust. 1968, s. 124]