Copyright Act 2021 · 2020 Revised Edition · Part 7 · Additional Rights Relating to Copyright Works and Protected Performances
385. Remedies
Feedback & supportThe remedies that the Court may grant for an infringement of moral rights include —
an injunction (which may be subject to terms); and
damages.
In deciding on the appropriate remedy, the Court must consider all relevant matters, including —
whether the defendant was aware, or ought reasonably to have been aware, of the author’s moral rights;
the number and categories of people who have seen or heard the work;
anything done by the defendant to mitigate the effects of the infringement;
in the case of the moral right under section 371 (right to be identified) — the cost or difficulty (if any) of identifying the author;
the cost or difficulty (if any) of reversing the infringement;
any practice in the industry in which the work is used that is relevant to the work or the use of the work; and
the damage caused to the author by the infringement, including any loss of income.