Page:Copyright Act 1987.pdf/98

98 Division 3—Proceedings where Copyright is subject to Exclusive Licence Interpretation

121. 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 authorised by the licence, of the acts so authorised;
 * “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

122. This Division shall apply 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

123. Subject to the provisions of this Division, the exclusive licensee shall, except against the owner of the copyright, have the same rights of action as the owner of the copyright would have, and be entitled to the same remedies as he would be entitled to, by virtue of sections 119 and 120 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 those sections.

Joinder of owner or exclusive licensee as a party

124.—(1) Where—
 * (a) an action is brought by the owner of the copyright or by the exclusive licensee; and