Copyright, Designs and Patents Act 1988, section 102

Exercise of concurrent rights

Part I Copyright

(1)Where an action for infringement of copyright brought by the copyright owner or an exclusive licensee relates (wholly or partly) to an infringement in respect of which they have concurrent rights of action, the copyright owner or, as the case may be, the exclusive licensee may not, without the leave of the court, proceed with the action unless the other is either joined as a plaintiff or added as a defendant.

(2)A copyright owner or exclusive licensee who is added as a defendant in pursuance of subsection (1) is not liable for any costs in the action unless he takes part in the proceedings.

(3)The above provisions do not affect the granting of interlocutory relief on an application by a copyright owner or exclusive licensee alone.

(4)Where an action for infringement of copyright is brought which relates (wholly or partly) to an infringement in respect of which the copyright owner and an exclusive licensee have or had concurrent rights of action—

(a)the court shall in assessing damages take into account—

(i)the terms of the licence, and

(ii)any pecuniary remedy already awarded or available to either of them in respect of the infringement;

(b)no account of profits shall be directed if an award of damages has been made, or an account of profits has been directed, in favour of the other of them in respect of the infringement; and

(c)the court shall if an account of profits is directed apportion the profits between them as the court considers just, subject to any agreement between them;

and these provisions apply whether or not the copyright owner and the exclusive licensee are both parties to the action.

(5)The copyright owner shall notify any exclusive licensee having concurrent rights before applying for an order under section 99 (order for delivery up) or exercising the right conferred by section 100 (right of seizure); and the court may on the application of the licensee make such order under section 99 or, as the case may be, prohibiting or permitting the exercise by the copyright owner of the right conferred by section 100, as it thinks fit having regard to the terms of the licence.

Definitions used in section 102 2

the court

27 (1) In this Act “the court” means—

(a)in England and Wales, the High Court or any patents county court having jurisdiction by virtue of an order under section 287 of the Copyright, Designs and Patents Act 1988,

(b)in Scotland, the Court of Session, and

(c)in Northern Ireland, the High Court.

Defined in Sch.4 para.38 · see it in the full Act

“the court” shall be construed in accordance with section 27 of this Act ;

Defined in Sch.4 para.38 · see it in the full Act
made

(2)Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise; and references in this Part to the time at which such a work is made are to the time at which it is so recorded.

Defined in s.3(2) · see it in the full Act

Cases considering section 102 9

Entain Operations Limited & Ors v Liquidity Trading Limited & Ors

[2026] EWHC 2330 (Ch) · 10 September 2026

The court relied on the need for the copyright owner to be joined where an exclusive licensee brings an infringement claim, reinforcing the requirement to identify the owner. (see paras [64], [129(ii)])

Getty Images (US) Inc & Ors v Stability AI Ltd

[2025] EWHC 38 (Ch) · 14 January 2025

Requires the copyright owner and exclusive licensee with concurrent rights of action to be joined, or leave to proceed without the other. The court treated this as the statutory basis for the alternative non-joinder application, but refused leave for want of evidence addressing prejudice from later claims (see paras [53], [99]-[112]). Confirms that a copyright owner or exclusive licensee added as a defendant under section 102(1) is not liable for costs unless taking part in the proceedings. The court referred to this provision when indicating possible joinder arrangements for limited claims (see para [115]).

Golden Eye (International) Ltd & Anor v Telefonica UK Ltd

[2012] EWHC 723 (Ch) · 26 March 2012

The court accepted that joining Ben Dover Productions with Golden Eye would satisfy the requirement concerning concurrent rights of action. The Other Claimants would likewise need to be parties to claims concerning their copyrights. (see paras [65], [91])

What each judgment says about section 102 is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Modifications

  1. C49Ss. 90-93, 96-98, 101, 102 applied (1.1.1998) by S.I. 1997/3032, reg. 23 (with Pt. IV)
  2. C50S. 102(5) extended by S.I.1991/724, art. 2(1)(n)