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EXCLUSIVE LICENSEE MAY INITIATE A COMPLAINT OR PRIVATE PROSECUTION AGAINST COPYRIGHT INFRINGEMENT
The Copyright Law is silent on whether copyright licensees may initiate a complaint or private prosecution against a copyright infringement. In practice, this issue has seen much clashing of opinions. In 1997, the Supreme Court held that in copyright licensing, a distinction is made between exclusive licensing and non-exclusive licensing. In case of exclusive licensing, the owner of the economic right to a work may not further license that right to any third party, nor even may he exercise the right himself. If the rights licensed to an exclusive licensee are infringed upon, the licensee is the direct victim of the crime, so naturally he may initiate a complaint or private prosecution as provided by law.