Apportionment of profits
161.—(1)  This section applies if the copyright owner or the exclusive licensee brings an infringement action for an infringement (whether or not the other party is also a claimant in that action).
(2)  If the Court orders an account of profits to be taken in respect of the infringement, the Court must —
(a)apportion the profits between the copyright owner and the exclusive licensee in a way the Court considers just; and
(b)give directions to give effect to that apportionment.
(3)  Subsection (2) is subject to any contrary agreement between the copyright owner and the exclusive licensee.