Exclusive licences
Part I Copyright
(1) In this Part an “exclusive licence” means a licence in writing signed by or on behalf of the copyright owner authorising the licensee to the exclusion of all other persons, including the person granting the licence, to exercise a right which would otherwise be exercisable exclusively by the copyright owner.
(2)The licensee under an exclusive licence has the same rights against a successor in title who is bound by the licence as he has against the person granting the licence.
“writing” includes any form of notation or code, whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded, and “written” shall be construed accordingly
Defined in s.178 · see it in the full Act“writing” includes any form of notation or code, whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded, and “written” shall be construed accordingly
Defined in s.178 · see it in the full Act(6) References in this Part to anything being done “on behalf of” an educational establishment are to its being done for the purposes of that establishment by any person.
Defined in s.174(6) · see it in the full ActApplies the requirements that an exclusive licence be written, signed and granted to the exclusion of all other persons, including the copyright owner. The court classified the sample licences by construing their terms and applying those requirements. (see paras [656]-[663]; [677]-[725])
Defines an exclusive licence as a signed written licence authorising the licensee, to the exclusion of all other persons including the grantor, to exercise a right otherwise exercisable exclusively by the copyright owner. The requirement was used to assess concurrent rights and representative standing (see paras [50]-[52]).
Interpreted as defining an exclusive licence by reference to authorisation to exercise an exclusive copyright right, namely an act listed in section 16(1). A purported exclusive licence of only the right to apply under section 97A therefore did not satisfy section 92(1) (see paras [11]-[15]).
What each judgment says about section 92 is in the case-law panel in the full Act.