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:
An order against the infringer to stop infringing activities.
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