COPYRIGHT ACT 1968 - SECT 122 Assessment of damages where exclusive licence granted
COPYRIGHT ACT 1968 - SECT 122
Assessment of damages where exclusive licence grantedWhere an action to which section 120 applies is brought and the owner of the copyright and the exclusive licensee are not both plaintiffs in the action, the court, in assessing damages in respect of an infringement of a kind referred to in that section, shall:
(a) if the plaintiff is the exclusive licensee--take into account any liabilities, in respect of royalties or otherwise, to which the licence is subject; and
(b) whether the plaintiff is the owner of the copyright or the
exclusive licensee--take into account any pecuniary remedy already awarded to
the other party under section 115 in respect of that infringement, or
any right of action exercisable by the other party under that section in
respect of that infringement, as the case requires.