Page:Copyright Act 1987.pdf/157

Rh and may recover such damages (if any) as he has sustained, unless the first-mentioned person satisfies the court that the acts in respect of which the action or proceeding was threatened constituted, or, if done, would constitute, an infringement of copyright.

(2) The mere notification of the existence of a copyright does not constitute a threat of an action or proceeding within the meaning of this section.

(3) Nothing in this section shall render an advocate and solicitor liable to an action under this section in respect of an act done by him in his professional capacity on behalf of a client.

(4) The defendant in an action under this section may apply, by way of counterclaim, for relief to which he would be entitled in a separate action in respect of an infringement by the plaintiff of the copyright to which the threats relate and, in any such case, the provisions of this Act with respect to an action for infringement of a copyright are, mutatis mutandis, applicable in relation to the action.

Notation of copies and handicapped readers’ copies

201.—(1) In proceedings against a person or body for infringement of copyright in a work in connection with the making, by or on behalf of an institution, of a copy of the whole or a part of that work, the person or body is not entitled to rely on section 45, 46, 48, 52 or 54 as justification for the making of that copy unless, at or about the time the copy was made, there was made on the copy a notation—
 * (a) stating that the copy was made on behalf of that institution and the date on which it was made; and
 * (b) in the case of a copy that was made in reliance on section 54(4), stating that the copy is a prescribed reproduction made in reliance on that subsection.

(2) In proceedings against a person or body for infringement of copyright in a sound recording or a cinematograph film in connection with the making, by or on behalf or an institution of a copy of the sound recording or cinematograph film, the person or body is not entitled to rely on section 113 as justification for the making of the copy unless, at or about the time the copy was made, there was made