Page:Copyright Act 1987.pdf/96

96 Division 7—Miscellaneous Copyrights to subsist independently

117.—(1) Subject to section 108(2), where copyright subsists in any subject-matter by virtue of this Part, nothing in this Part shall be taken to affect the operation of Part III in relation to any literary, dramatic, musical or artistic work from which that subject-matter is wholly or partly derived, and any copyright subsisting by virtue of this Part is in addition to, and independent of, and copyright subsisting by virtue of Part III.

(2) The subsistence of copyright under any provision of this Part shall not affect the operation of any other provision of this Part under which copyright can subsist.   PART V REMEDIES FOR INFRINGEMENTS OF COPYRIGHT Division 1—Preliminary Interpretation

118.—(1) In this Part,
 * “action” means a proceeding of a civil nature between parties, and includes a counterclaim.

(2) In the application of this Part in relation to a counterclaim, references to the plaintiff and to the defendant shall be read as references to the defendant and to the plaintiff, respectively. Division 2—Actions by Owner of Copyright Actions for infringement

119.—(1) Subject to this Act, the owner of a copyright may bring an action for an infringement of the copyright.

(2) Subject to this Act, the relief that a court may grant in an action for an infringement of copyright includes an injunction (subject to such terms, if any, as the court thinks fit) and either damages or an account of profits. 