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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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