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Copyright Act 1994

Remedies for infringement - Rights and remedies of copyright owner

121: Provisions as to damages in infringement proceedings

You could also call this:

"What happens if you break copyright rules by accident or on purpose"

Illustration for Copyright Act 1994

You can't get damages if you didn't know you were infringing copyright. You can get an account of profits instead. The court decides this. If you infringe copyright, the court looks at the circumstances. The court considers how bad the infringement was and any benefits you got. You might have to pay extra damages. If copyright is infringed when building something, the court won't stop the building. The court won't make you demolish the building either.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346288.

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Part 6Remedies for infringement
Rights and remedies of copyright owner

121Provisions as to damages in infringement proceedings

  1. Where, in proceedings for infringement of copyright, it is proved or admitted that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright existed in the work to which the proceedings relate, the plaintiff is not entitled to damages but, without prejudice to the award of any other remedy, is entitled to an account of profits.

  2. In proceedings for infringement of copyright, the court may, having regard to all the circumstances and in particular to—

  3. the flagrancy of the infringement; and
    1. any benefit accruing to the defendant by reason of the infringement,—
        1. award such additional damages as the justice of the case may require.

      1. In proceedings for infringement of copyright in respect of the construction of a building, no injunction or other order shall be made—

      2. after the construction of the building has been begun, so as to prevent the building from being completed; or
        1. so as to require the building, in so far as it has been constructed, to be demolished.

          Compare
          • 1962 No 33 s 24(2)–(4)