Copyright Act 2021 · 2020 Revised Edition · Part 3 · Copyright in Works
162. Separate actions for same infringement
Feedback & supportThis section applies if the copyright owner and the exclusive licensee bring separate actions for the same infringement.
exclusive licensee
“exclusive licence” and “exclusive licensee” have the meanings given by section 103;
If there is a final order in one action —
for damages or statutory damages to be paid in respect of the infringement; or
to take an account of profits in respect of the infringement,the Court may not make an order to take an account of profits in respect of that infringement in the other action.
If there is a final order in one action to take an account of profits in respect of the infringement, the Court may not make an order for the payment of damages or statutory damages for that infringement in the other action.
infringement
“infringement” means an infringement of copyright for which the copyright owner and the exclusive licensee of the copyright have concurrent rights of action;