Page:Copyright Act 2021.pdf/205

206 (2) Subject to subsection (3), the remedies in subsection (1)(b), (c) and (d) are mutually exclusive.

(3) Where the Court orders damages (with or without additional damages) under subsection (1)(b) in respect of a rights infringement, the Court may also order an account of profits attributable to the infringement, but only insofar as the profits have not been taken into account in computing those damages.

No damages for innocent rights infringement

306.—(1) Where a person does an act that constitutes a rights infringement, damages may not be ordered for the infringement if, when doing that act, the person does not know and could not reasonably have known that the act is a rights infringement.

(2) To avoid doubt, subsection (1) does not prevent the Court from ordering any other remedy (including an account of profits) for the infringement.

Measure of damages

307. The Court may order additional damages for a rights infringement if it is appropriate in the circumstances, having regard to all relevant matters, including—
 * (a) the flagrancy of the infringement; and
 * (b) any benefit gained by the defendant because of the infringement.

Measure of statutory damages

308.—(1) This section applies where a claimant in an infringement action elects for statutory damages.

(2) The amount of statutory damages must not exceed—
 * (a) $10,000 for each work or performance that is the subject of the action;
 * (b) $200,000 for all the works that are the subject of the action; and