Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 248J

  (1)   A performer may bring an action for an unauthorised use of his or her performance.

  (2)   The relief that a court may grant in an action for an unauthorised use of a performance includes an injunction (subject to such terms, if any, as the court thinks fit) and damages.

  (3)   Where, in an action for an unauthorised use of a performance:

  (a)   the unauthorised use is established; and

  (b)   the court is satisfied that it is proper to do so, having regard to:

  (i)   the flagrancy of the use;

  (ii)   any benefit shown to have accrued to the defendant by reason of the use; and

  (iii)   all other relevant matters;

the court may, in assessing damages, award such additional damages as it considers appropriate in the circumstances.

  (4)   If:

  (a)   a performer brings an action under this section that relates to a recording of a performance; and

  (b)   the relief granted in the action consists of or includes damages; and

  (c)   the performer has already been granted damages in an action under another section of this Act in relation to an infringement of his or her copyright in the recording; and

  (d)   the action referred to in paragraph   (c) arose out of the same event or transaction as the action referred to in paragraph   (a);

the amount of any damages referred to in paragraph   (b) that, apart from this subsection, would be awarded to the performer is to be reduced by the amount of the damages referred to in paragraph   (c).

  (5)   If:

  (a)   a performer brings an action under another section of this Act that relates to an infringement of his or her copyright in a recording of a performance; and

  (b)   the relief granted in the action consists of or includes damages; and

  (c)   the performer has already been granted damages in an action under this section in relation to the performance; and

  (d)   the action referred to in paragraph   (c) arose out of the same event or transaction as the action referred to in paragraph   (a);

the amount of any damages referred to in paragraph   (b) that, apart from this subsection, would be awarded to the performer is to be reduced by the amount of the damages referred to in paragraph   (c).