Copyright Act 1994

Remedies for infringement - Rights and remedies of exclusive licensee

123: Rights and remedies of exclusive licensee

You could also call this:

"What happens if someone breaks the rules with something you have a licence for?"

You have rights as an exclusive licensee. You can use these rights against people who break the rules, except the copyright owner. You can use the same rules as the copyright owner under sections 120 to 122P, but only for things that happen after you get the licence. If you take someone to court, they can use any defence they like, just like they would if the copyright owner took them to court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346291.

This page was last updated on 3 December 2025 — View changes

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Business > Industry rulesBusiness > Intellectual propertyMoney and consumer rights > Consumer protection

122U: Fees payable by rights owners to IPAPs, or

"Paying fees to IPAPs for their work"

124: Exercise of concurrent rights, or

"What happens when you and someone else have rights to the same copyright"

Part 6Remedies for infringement
Rights and remedies of exclusive licensee

123Rights and remedies of exclusive licensee

An exclusive licensee has, except against the copyright owner, the same rights and remedies under any of sections 120 to 122P in respect of matters occurring after the grant of the licence as if the licence were an assignment.
The rights and remedies of the exclusive licensee under any of sections 120 to 122P are concurrent with those of the copyright owner.
In proceedings brought by an exclusive licensee pursuant to this section, a defendant may avail himself or herself or itself of any defence that would have been available if the proceedings had been brought by the copyright owner.

Compare

1962 No 33 s 26(2)(a), (b), (4)

Notes

Section 123(1): amended, on 1 September 2011, by section 7(1) of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).
Section 123(2): amended, on 1 September 2011, by section 7(2) of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).