(2) If the Court orders an account of profits to be taken in respect of the infringement, the Court must—
- (a) apportion the profits between the copyright owner and the exclusive licensee in a way the Court considers just; and
- (b) give directions to give effect to that apportionment.
(3) Subsection (2) is subject to any contrary agreement between the copyright owner and the exclusive licensee.
Separate actions for same infringement
162.—(1) This section applies if the copyright owner and the exclusive licensee bring separate actions for the same infringement.
(2) If there is a final order in one action—
- (a) for damages or statutory damages to be paid in respect of the infringement; or
- (b) to take an account of profits in respect of the infringement,
the Court may not make an order to take an account of profits in respect of that infringement in the other action.
(3) If there is a final order in one action to take an account of profits in respect of the infringement, the Court may not make an order for the payment of damages or statutory damages for that infringement in the other action.
Subdivision (4)—Presumptions in infringement actions
Application
163.—(1) This Division applies in an action for copyright infringement.
(2) The presumptions in this Division do not apply if the contrary is proved.
Presumption that copyright subsists if not disputed, etc.
164.—(1) Copyright is presumed to subsist in a work if—
- (a) the defendant does not put in issue the question whether copyright subsists in the work;
