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Infringement actionable by copyright owner.
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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.
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Provisions as to damages in infringement
action.
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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. |
