Copyright Infringement: The Remedies
Written by Rehana Ali on 04 September 2013« Return to Reading Room
If an owner of copyright discovers that its copyright has been infringed they are entitled to a range of remedies, an exclusive licensee in relation to an infringed work, is also entitled to remedies concurrently with original owner.
Damages are commonplace and are usually aimed at compensating the owner of copyright for the infringement for the wrong they have suffered. They do not always necessarily reflect the amount an infringer would have had to pay the owner of copyright, had they legitimately used their copyright.
Damages are not available against a person that is innocent or that has no knowledge of the subsistence of copyright in a work they may have infringed, however, this does not bar the owner from obtaining any of the other remedies.
There is also an option of additional damages for a claimant, this depends largely on the circumstances of a case, i.e. a defendant that has profited significantly from infringement of copyright may have to pay additional damages.
Account of profits
This is a remedy that requires careful consideration by a claimant, if the court order for an account of profits from an infringer and it transpires that little profit was generated from an infringement, the claimant cannot claim substantial damages and nominal damages are likely to be awarded.
Order for delivery up or destruction
A copyright owner may be able to obtain an order that the infringer dispose of or deliver to the original owner any items that infringe its copyright.
There is further a provision under the CDPA 1988 that allows for the owner of copyright to seize work infringing its copyright, this does however have its limitations as it does not allow a claimant to enter the business premises of a infringer. In practice this remedy is most effective against market or street traders.
Interim injunctions are fairly common for the infringement of copyright, when the court is considering whether to grant an injunction they will consider whether there is a sufficiently serious triable issue.
The case of Football Association Premier League Ltd v British Sky Broadcasting Group Ltd 2013 is a good recent illustration of an injunction. The copyright owner of television recordings of English Premier League football matches obtained an injunction, which required UK Internet service providers to block access by their customers to websites that streamed broadcasts of the football matches in breach of copyright.
Lawdit have extensive experience on matters in relation to copyright infringement, for more information click the link.
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