Copyright Act 2021 · 2020 Revised Edition · Part 3 · Copyright in Works
160. Assessment of damages
Feedback & supportThis section applies if —
the copyright owner or the exclusive licensee brings an infringement action for an infringement; and
the other party is not a claimant in that action.
If the Court orders the payment of damages or statutory damages for the infringement, the following matters must be considered in assessing damages or statutory damages:
any right of action exercisable by the other party under that section in respect of the infringement;
if the action is brought by the exclusive licensee — any liabilities (whether for royalties or otherwise) to which the licence is subject;
if a separate infringement action is brought by the other party for the infringement — any pecuniary remedy already awarded to the other party under section 305 in respect of the infringement.