(7)   In an action brought either by the owner of the copyright or by the exclusive licensee -----

                 (a)   no judgment or order for the payment of damages in respect of an 
                         infringement of copyright shall be given or made under section 37, if a 
                         final judgment or order has been given or made awarding an account 
                         of profits to the other party under that section in respect of the same 
                         infringement; and

                 (b)   no judgment or order for an account of profit in respect of an 
                         infringement of copyright shall be given or made under that section, if 
                         a final judgment or order has been given or made awarding either 
                         damages or an account of profits to the other party under that section 
                         in respect of the same infringement.   

           (8)   Where, in an action brought in the circumstances mentioned in subsection (3), whether by the owner of the copyright or by the exclusive licensee, the other party is not joined as a plaintiff (either at the commencement of the action or subsequently) but is added as a defendant, he shall not be liable for any costs in the action unless he enters an appearance and takes part in the proceedings.

           (9)   For the purposes of this section, the expression -----

            "exclusive license" means a license signed by or on behalf of an owner or a prospective owner of copyright authorizing the licensee to the exclusion of all other persons, to exercise a right which by virtue of this Act would (apart from the license) be exercisable exclusively by the owner of the copyright; and "exclusive licensee" shall be construed accordingly;

            "if the license had been an assignment" mean if, instead of the license, there had been granted (subject to terms and conditions corresponding as nearly as may be with those subject to which the license was granted) an assignment of the copyright in respect of its or their application to the doing, at the place and time authorized by the license, of the acts so authorized;

            "the other party" in relation to the owner of the copyright, means the exclusive licensee, and in relation to the exclusive licensee, means the owner of the copyright.