|
Infringement actionable by copyright owner.
|
96.(1) An
infringement of copyright is actionable by the copyright
owner.
(2) In an action for
infringement of copyright all such relief by way of
damages, injunctions, accounts or otherwise is available
to the plaintiff as is available in respect of the
infringement of any other property right.
(3) This section has effect
subject to the following provisions of this Chapter.
|
|
Provisions as to damages in infringement action.
|
97.(1) Where
in an action for infringement of copyright it is shown
that at the time of the infringement the defendant did
not know, and had no reason to believe, that copyright
subsisted in the work to which the action relates, the
plaintiff is not entitled to damages against him,
but without prejudice to any other remedy.
(2) The court may in an
action for infringement of copyright having regard to
all the circumstances, and in particular to
(a) the
flagrancy of the infringement, and
(b) any
benefit accruing to the defendant by reason of the
infringement,
award
such additional damages as the justice of the case may
require.
|
