What can I do if my copyright is infringed?

If you have taken legal action against infringement of your copyright, and are successful, there are number of remedies which the Court can grant to you:

  • Injunction
    An order against the infringer to stop infringing activities.
  • Damages*
    An order against the infringer to compensate for the monetary loss suffered by the copyright owner. In such case, the copyright owner must prove the loss suffered.
  • Statutory damages
    An order against the infringer without the need for proven loss by copyright owner. See below factors in determining the amount of statutory damages.
  • Order to delivery / Order for disposal*
    An order against the infringer to surrender all infringing articles to the copyright owner, or to dispose of them.
  • Account of profits*
    An order against the infringer to pay the copyright owner the profits the infringer received as a result of its use of the owner's copyright.
*Damages, account of profits and statutory damages are mutually exclusive

Factors in determining statutory damages

Some factors are taken into consideration in determining the amount of statutory damages.

  • Nature and purpose of the infringing act? (i.e. commercial)
  • Obviousness of infringement
  • Intent of bad faith
  • Loss by the copyright owner, if any (i.e. actual or potential loss)
  • Benefits accrued to the defendant, if any
  • Conduct of both parties before and during proceedings
  • Need to deter similar instance of infringement