§ 159 — Same defences and same remedies available

159.—(1) This section applies if the exclusive licensee brings an infringement action.(2) A defendant in the action is entitled to the same defences under this Act that would be available to the defendant if the action had been brought by the copyright owner.

(3) Subject to this Subdivision, the exclusive licensee is entitled to the same remedies that the copyright owner would be entitled to under Division 1 of Part 6 if the action had been brought by the copyright owner.

(4) The remedies of the exclusive licensee are concurrent with the remedies of the copyright owner.

—(1) This section applies if the exclusive licensee brings an infringement action.

(2) A defendant in the action is entitled to the same defences under this Act that would be available to the defendant if the action had been brought by the copyright owner.

(3) Subject to this Subdivision, the exclusive licensee is entitled to the same remedies that the copyright owner would be entitled to under Division 1 of Part 6 if the action had been brought by the copyright owner.

(4) The remedies of the exclusive licensee are concurrent with the remedies of the copyright owner.