Part 5Dealing with rights in copyright works
Licences to deal with copyright works
112ADamages for falsely claiming copyright ownership or licence
This section applies if—
- a person (A) falsely claims to be, or to have been granted a licence by or on behalf of, the owner of the copyright in a literary, dramatic, musical, or an artistic work or a sound recording or film; and
- A has threatened or commenced proceedings for preventing, or claiming damages in respect of, a performance or communication to the public of the work, sound recording, or film (which in this section is called the event); and
- as a result of the threat or commencement of proceedings, the event has not taken place.
A court may award damages to compensate any of the following persons for any loss sustained because the event did not take place:
- in the case of a threat of proceedings, the person to whom A made the threat:
- in the case of the commencement of proceedings, a defendant:
- any other person interested in the event.
Notes
- Section 112A: inserted, on , by section 63 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).


