Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhere an action to which section 120 applies is brought and the owner of the copyright and the exclusive licensee are not both plaintiffs in the action, the court, in assessing damages in respect of an infringement of a kind referred to in that section, shall:
(a) if the plaintiff is the exclusive licensee--take into account any liabilities, in respect of royalties or otherwise, to which the licence is subject; and
(b) whether the plaintiff is the owner of the copyright or the exclusive licensee--take into account any pecuniary remedy already awarded to the other party under section 115 in respect of that infringement, or any right of action exercisable by the other party under that section in respect of that infringement, as the case requires.