§ 385 — Remedies

385.—(1) The remedies that the Court may grant for an infringement of moral rights include —(a)

an injunction (which may be subject to terms); and

(b)

damages.

(2) In deciding on the appropriate remedy, the Court must consider all relevant matters, including —(a)

whether the defendant was aware, or ought reasonably to have been aware, of the author’s moral rights;

(b)

the number and categories of people who have seen or heard the work;

(c)

anything done by the defendant to mitigate the effects of the infringement;

(d)

in the case of the moral right under section 371 (right to be identified) — the cost or difficulty (if any) of identifying the author;

(e)

the cost or difficulty (if any) of reversing the infringement;

(f)

any practice in the industry in which the work is used that is relevant to the work or the use of the work; and

(g)

the damage caused to the author by the infringement, including any loss of income.

—(1) The remedies that the Court may grant for an infringement of moral rights include —(a)

an injunction (which may be subject to terms); and

(b)

damages.

(2) In deciding on the appropriate remedy, the Court must consider all relevant matters, including —(a)

whether the defendant was aware, or ought reasonably to have been aware, of the author’s moral rights;

(b)

the number and categories of people who have seen or heard the work;

(c)

anything done by the defendant to mitigate the effects of the infringement;

(d)

in the case of the moral right under section 371 (right to be identified) — the cost or difficulty (if any) of identifying the author;

(e)

the cost or difficulty (if any) of reversing the infringement;

(f)

any practice in the industry in which the work is used that is relevant to the work or the use of the work; and

(g)

the damage caused to the author by the infringement, including any loss of income.