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Infringement actionable by copyright owner.
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96.(1) An
infringement of copyright is actionable by
the copyright owner.
(2) In an
action for infringement of copyright all
such relief by way of damages, injunctions,
accounts or otherwise is available to the
plaintiff as is available in respect of the
infringement of any other property right.
(3) This
section has effect subject to the following
provisions of this Chapter.
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Provisions as to damages in infringement
action.
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97.(1) Where
in an action for infringement of copyright
it is shown that at the time of the
infringement the defendant did not know, and
had no reason to believe, that copyright
subsisted in the work to which the action
relates, the plaintiff is not entitled to
damages against him, but without
prejudice to any other remedy.
(2) The court
may in an action for infringement of
copyright having regard to all the
circumstances, and in particular to
(a) the
flagrancy of the infringement, and
(b) any
benefit accruing to the defendant by reason
of the infringement,
award
such additional damages as the justice of
the case may require.
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