(1)An exclusive licensee has, except against the copyright owner, the same rights and remedies in respect of matters occurring after the grant of the licence as if the licence had been an assignment.
(2)His rights and remedies are concurrent with those of the copyright owner; and references in the relevant provisions of this Part to the copyright owner shall be construed accordingly.
(3)In an action brought by an exclusive licensee by virtue of this section a defendant may avail himself of any defence which would have been available to him if the action had been brought by the copyright owner.
Cases considering section 101 9
[2026] EWHC 2330 (Ch) · 10 September 2026
The court required a claimant relying on exclusive-licensee status to identify the relevant licensee, owner and basis of the licence; collective pleading was inadequate. (see paras [64], [129]-[131])
The pleaded reliance on exclusive-licensee rights did not remove the need to identify which claimant held the licence and from whom it arose. (see paras [129(i)-(ii)] and Appendix A)
[2025] EWHC 38 (Ch) · 14 January 2025
Confirms that an exclusive licensee has, against relevant infringement, the same rights and remedies as if the licence were an assignment, with rights concurrent with those of the copyright owner. The provision framed the standing and concurrent-rights issues (see paras [50], [53]).
[2024] EWHC 3315 (Ch) · 19 December 2024
The court used section 101 to identify an exclusive licensee as a possible claimant for copyright infringement, while finding no pleaded licence that could support the new claim. (see para [49])
The court referred to sections 101 and 102, as applied by regulation 23, to identify the licensing routes by which a person might bring a database-right claim. No such licence was pleaded. (see para [109])
What each judgment says about section 101 is in the case-law panel in the full Act.