Copyright Act, 1957
61. Owner of copyright to be party to the
proceeding –
(1) In every civil suit or other proceeding
regarding infringement of copyright instituted by an exclusive licensee, the
owner of the copyright shall, unless the court otherwise directs, be made a
defendant and where such owner is made a defendant, he shall have the right to
dispute the claim of the exclusive licensee.
(2) Where any civil suit or other proceeding
regarding infringement of copyright instituted by an exclusive licensee is
successful, no fresh suit or other proceeding in respect of the same cause of
action shall lie at the instance of the owner of the copyright.