Copyright Act 1994

Remedies for infringement - Rights and remedies of exclusive licensee

124: Exercise of concurrent rights

You could also call this:

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

You have rights if someone infringes your copyright. If you are the copyright owner or an exclusive licensee, you can take action together. You must join or add the other as a plaintiff or defendant in court. You will not have to pay costs if you are joined as a plaintiff or added as a defendant, unless you take part in the proceedings. The court can still give temporary relief to one party. When the court decides on damages, it considers the licence terms and any money already awarded. The court also considers if an award of damages or account of profits has already been made. If so, it will not direct another account of profits. If the court orders an account of profits, it will divide the profits fairly between you and the other party. Before applying for a certain order, the copyright owner must tell any exclusive licensee with concurrent rights. The court can then make an order considering the licence terms.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346292.

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

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123: Rights and remedies of exclusive licensee, or

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

125: Infringement of moral rights actionable, or

"What to do if someone breaks your moral rights"

Part 6Remedies for infringement
Rights and remedies of exclusive licensee

124Exercise of concurrent rights

Where proceedings for infringement of copyright brought by the copyright owner or an exclusive licensee relate (wholly or partly) to an infringement in respect of which the copyright owner and the exclusive licensee have concurrent rights of action, the copyright owner or, as the case may be, the exclusive licensee may not, without the leave of the court, proceed unless the other is either joined as a plaintiff or added as a defendant.
A copyright owner or exclusive licensee who is joined as a plaintiff or added as a defendant pursuant to subsection (1) is not liable for any costs in the proceedings unless that person takes part in the proceedings.
Subsections (1) and (2) do not affect the granting of interlocutory relief on an application by a copyright owner or exclusive licensee alone.
Whether or not the copyright owner and the exclusive licensee are both parties to proceedings for infringement of copyright that relate (wholly or partly) to an infringement in respect of which they have or had concurrent rights of action,—
the court shall, in assessing damages, take into account—
1. the terms of the licence; and
2. any pecuniary remedy already awarded or available to either the copyright owner or the exclusive licensee in respect of the infringement; and
no account of profits shall be directed if an award of damages has been made, or an account of profits has been directed, in favour of either the copyright owner or the exclusive licensee in respect of the infringement; and
the court shall, if an account of profits is directed, apportion the profits between the copyright owner and the exclusive licensee in such manner as the court considers just, subject to any agreement between them.

The copyright owner shall notify any exclusive licensee having concurrent rights before applying for an order under section 122; and the court may on the application of the licensee make such order under that section as it thinks fit having regard to the terms of the licence.

Compare

1962 No 33 s 26(3)–(8)