§ 404 — Remedies

404.—(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 performer’s moral rights;

(b)

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

(c)

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

(d)

in the case of the moral right under section 391 (right to be identified) — the cost or difficulty (if any) of identifying the performer;

(e)

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

(f)

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

(g)

the damage caused to the performer 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 performer’s moral rights;

(b)

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

(c)

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

(d)

in the case of the moral right under section 391 (right to be identified) — the cost or difficulty (if any) of identifying the performer;

(e)

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

(f)

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

(g)

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