Singapore legislation

Section 404

Remedies

The remedies that the Court may grant for an infringement of moral rights include —

(a)

an injunction (which may be subject to terms); and

(b)

damages.

In deciding on the appropriate remedy, the Court must consider all relevant matters, including —

(a)

whether the defendant was aware, or ought reasonably to have been aware, of the performer’s moral rights;

(b)

the number and categories of people who have seen or heard the performance;

(c)

anything done by the defendant to mitigate the effects of the infringement;

(d)

in the case of the moral right under section 391 (right to be identified) — the cost or difficulty (if any) of identifying the performer;

(e)

the cost or difficulty (if any) of reversing the infringement;

(f)

any practice in the industry in which the performance is used that is relevant to the performance or the use of the performance; and

(g)

the damage caused to the performer by the infringement, including any loss of income.