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Intellectual Property Law - Copyright and Moral Rights - Remedies

Date: December 20, 2010

Authors: LAC Lawyers

Author: Allan Woodley

This article is the third in a series of articles on Copyright and Moral rights. After reading this article feel free to read the following articles in the series concerning;

Remedies for infringement of moral rights

A Court may grant any one or more of the following:

  1. injunction;
  2. damages;
  3. a declaration that a moral right of the author has been infringed;
  4. an order that the defendant make a public apology for the infringement;
  5. an order that any false attribution of authorship, or derogatory treatment, or the work be removed or reversed.

In exercising its discretion as to the appropriate remedies a Court may take account any of the following:

  • whether the defendant was aware, or ought reasonably to have been aware, of the author’s moral rights;
  • the effect on the author’s honour and reputation resulting from any damage to the work; 
  • the number, and categories, of people who have seen or heard the work;
  • anything done by the defendant to mitigate the effects of infringement;
  • if the moral right infringed was a right of attribution of authorship – any cost or difficulty that would have been associated with identifying the author;
  • any cost or difficulty in removing or reversing any false attribution of authorship, or derogatory treatment, of the work. 

LAC Lawyers has a wealth of experience in Intellectual Property Law and we are always willing to assist new clients to protect and defend their intellectual Property in whatever form.

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