Page:Copyright Act 2021.pdf/104

Rh (2) A defendant in the action is entitled to the same defences under this Act that would be available to the defendant if the action had been brought by the copyright owner.

(3) Subject to this Subdivision, the exclusive licensee is entitled to the same remedies that the copyright owner would be entitled to under Division 1 of Part 6 if the action had been brought by the copyright owner.

(4) The remedies of the exclusive licensee are concurrent with the remedies of the copyright owner.

Assessment of damages

160.—(1) This section applies if—
 * (a) the copyright owner or the exclusive licensee brings an infringement action for an infringement; and
 * (b) the other party is not a claimant in that action.

(2) If the Court orders the payment of damages or statutory damages for the infringement, the following matters must be considered in assessing damages or statutory damages:
 * (a) any right of action exercisable by the other party under that section in respect of the infringement;
 * (b) if the action is brought by the exclusive licensee—any liabilities (whether for royalties or otherwise) to which the licence is subject;
 * (c) if a separate infringement action is brought by the other party for the infringement—any pecuniary remedy already awarded to the other party under section 305 in respect of the infringement.

Apportionment of profits

161.—(1) This section applies if the copyright owner or the exclusive licensee brings an infringement action for an infringement (whether or not the other party is also a claimant in that action).