Copyright Act

Marginal note:Protection of separate rights

• 41.23 (1) Subject to this section, the owner of any copyright, or any person or persons deriving any right, title or interest by assignment or grant in writing from the owner, may individually for himself or herself, as a party to the proceedings in his or her own name, protect and enforce any right that he or she holds, and, to the extent of that right, title and interest, is entitled to the remedies provided by this Act.

• Marginal note:Copyright owner to be made party

  (2) If proceedings under subsection (1) are taken by a person other than the copyright owner, the copyright owner shall be made a party to those proceedings, except

  • (a) in the case of proceedings taken under section 44.1, 44.2 or 44.4;

  • (b) in the case of interlocutory proceedings, unless the court is of the opinion that the interests of justice require the copyright owner to be a party; and

  • (c) in any other case in which the court is of the opinion that the interests of justice do not require the copyright owner to be a party.

• Marginal note:Owner’s liability for costs

  (3) A copyright owner who is made a party to proceedings under subsection (2) is not liable for any costs unless the copyright owner takes part in the proceedings.

• Marginal note:Apportionment of damages, profits

  (4) If a copyright owner is made a party to proceedings under subsection (2), the court, in awarding damages or profits, shall, subject to any agreement between the person who took the proceedings and the copyright owner, apportion the damages or profits referred to in subsection 35(1) between them as the court considers appropriate.