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Copyright, Designs and Patents Act 1988 (c. 48)

1988 c. 48 - continued

Part I - Copyright - continued

Chapter VI

Remedies for Infringement

 Rights and remedies of copyright owner

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.