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laws.sgby aturio
In forceAmended2006 Revised Edition
Contents

Part V · Remedies for Infringements of Copyright

119. Actions for infringement

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Amended

Last amended by an amending law of 2004.

(1)

Subject to the provisions of this Act, the owner of a copyright may bring an action for an infringement of the copyright.

(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:

(a)

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

(b)

damages;

(c)

an account of profits;

(d)

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

(i)

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.

(3)

Where, in an action for infringement of copyright, it is established that an infringement was committed but it is also established that, at the time of the infringement, the defendant was not aware, and had no reasonable grounds for suspecting, that the act constituting the infringement was an infringement of the copyright, the plaintiff shall not be entitled under this section to any damages against the defendant in respect of the infringement, but shall be entitled to an account of profits in respect of the infringement whether any other relief is granted under this section or not.

(4)

Where, in an action under this section —

(a)

an infringement of copyright is established; and

(b)

the court is satisfied that it is proper to do so, having regard to —

(i)

the flagrancy of the infringement;

(ii)

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

(iii)

all other relevant matters,the court may, in assessing damages for the infringement under subsection (2)(b), award such additional damages as it considers appropriate in the circumstances.

(5)

In awarding statutory damages under subsection (2)(d), the court shall have regard to —

(a)

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

(b)

the flagrancy of the infringement;

(c)

whether the defendant acted in bad faith;

(d)

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

(e)

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

(f)

the conduct of the parties before and during the proceedings;

(g)

the need to deter other similar infringements; and

(h)

all other relevant matters.

(6)

In this section —[Aust. 1968, s. 115]

“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).

Report

Read on from s 120

Part X

Miscellaneous

Read on from Part X