Clause 30

by deleting subsection (2) and substituting the following subsections:“(2) Subject to the provisions of this Act, in an action for an infringement of copyright, the types of relief that the court may grant include the following:

an injunction (subject to such terms, if any, as the court thinks fit);

damages;

an account of profits;

where the plaintiff has elected for an award of statutory damages in lieu of damages or an account of profits, statutory damages of —

not more than $10,000 for each work or subject- matter in respect of which the copyright has been infringed; but(ii)not more than $200,000 in the aggregate, unless the plaintiff proves that his actual loss from such infringement exceeds $200,000.(2A) When the court awards any damages under subsection (2)(b), the court may also make an order under subsection (2)(c) for an account of any profits attributable to the infringement that have not been taken into account in computing the damages.(2B) Except as provided for in subsection (2A), the types of relief referred to in subsection (2)(b), (c) and (d) are mutually exclusive.(2C) For the purposes of subsection (2)(d), all the parts of a collective work constitute one work.”;

by inserting, immediately after the words “damages for the infringement” in the 9th line of subsection (4), the words “under subsection (2)(b)”; and

by inserting, immediately after subsection (4), the following subsections:“(5) In awarding statutory damages under subsection (2)(d), the court shall have regard to —

the nature and purpose of the infringing act, including whether the infringing act was of a commercial nature or otherwise;

the flagrancy of the infringement;

whether the defendant acted in bad faith;

any loss that the plaintiff has suffered or is likely to suffer by reason of the infringement;

any benefit shown to have accrued to the defendant by reason of the infringement;

the conduct of the parties before and during the proceedings;

the need to deter other similar infringements; and

all other relevant matters.(6) In this section —“collective work” means a work in which relevant materials, constituting separate and independent works in themselves, are assembled into a collective whole;“relevant material” has the same meaning as in section 7A(3).”.