Section 191J Provisions as to damages in infringement action.X1F1
Where in an action for infringement of a performer’s property rights it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that the rights subsisted in the recording to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy.
The court may in an action for infringement of a performer’s property rights having regard to all the circumstances, and in particular to—
the flagrancy of the infringement, and
any benefit accruing to the defendant by reason of the infringement,
award such additional damages as the justice of the case may require.
Annotations
Textual amendments
- F1
Ss. 191A-191M inserted (1.12.1996) by S.I. 1996/2967, reg. 21(1) (with Pt. III)
Editorial notes
- X1
The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.
Notes on Part II
Modifications
- C1
Pt. 2 restricted (22.4.2003) by The Performances (Reciprocal Protection) (Convention Countries and Isle of Man) Order 2003 (S.I. 2003/773), art. 3 (which S.I. was revoked (1.5.2005) by S.I. 2005/852, art. 8(c))
- C2
Pt. 2 extended (with modifications) (1.5.2005) by The Copyright and Performances (Application to Other Countries) Order 2005 (S.I. 2005/852), art. 6, Sch. (with art. 7) (which S.I. was revoked (6.4.2006) by S.I. 2006/316, art. 1(3))
- C3
Pt. 2 extended (with modifications) (6.4.2006) by The Copyright and Performances (Application to Other Countries) Order 2006 (S.I. 2006/316), art. 6, Sch. (with art. 7) (which S.I. was revoked (6.4.2007) by S.I. 2007/273, art. 1(3))
- C4
Pt. 2 extended (with modifications) (6.4.2007) by The Copyright and Performances (Application to Other Countries) Order 2007 (S.I. 2007/273), art. 6, Sch. (with art. 7) (which S.I. was revoked (6.4.2008) by S.I. 2008/677, art. 1(3))
- C5
Pt. 2 extended (with modifications) (6.4.2008) by The Copyright and Performances (Application to Other Countries) Order 2008 (S.I. 2008/677), art. 6, Sch. (with art. 7) (which S.I. was revoked (6.4.2012) by S.I. 2012/799, art. 1(3))
- C6
Pt. 2 extended (with modifications) (6.4.2012) by The Copyright and Performances (Application to Other Countries) Order 2012 (S.I. 2012/799), arts. 1(1), 6, 7, Sch. (with art. 8) (which S.I. was revoked (6.4.2013) by S.I. 2013/536, art. 1(3))
- C7
Pt. 2 extended in part (with modifications) (6.4.2013) by The Copyright and Performances (Application to Other Countries) Order 2013 (S.I. 2013/536), arts. 1(1), 6, 7, Sch. (with art. 8) (as amended (6.4.2015) by S.I. 2015/216, art. 2) (which S.I. and amending S.I. were revoked (6.4.2017) by S.I. 2016/1219, art. 1(3))
- C8
Pt. 2 extended (with modifications) (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 10, 12, Sch. Pt. 2 (with art. 13) (as amended (26.6.2021) by S.I. 2021/636, arts. 1, 2(4)(b); (15.4.2023) by S.I. 2023/296, arts. 1, 2(3); and (15.12.2024) by S.I. 2024/193, arts. 1(2), 6(2)(4) and S.I. 2024/1124, arts. 1(2), 7)
- C9
Pt. 2 restricted (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 9, 11, Sch. (with art. 13) (as amended (15.12.2024) by S.I. 2024/193, arts. 1(2), 6(1)(3)(4) and S.I. 2024/1124, arts. 1(2), 4, 5, 7)
- C10
Pt. 2 extended (26.6.2021) by S.I. 2016/1219, art. 12A (as inserted by The Copyright and Performances (Application to Other Countries) (Amendment) Order 2021 (S.I. 2021/636), arts. 1, 2(3)) (as amended (15.12.2024) by S.I. 2024/1124, arts. 1(2), 6, 7)
Notes on Chapter 2
Textual amendments
- F1
Ss. 182-205B become Pt. 2 Ch. 2 (1.2.2006) by virtue of The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 4(4) (with reg. 8)
Notes on Performers’ property rights
Textual amendments
- F1
Crossheading inserted (1.12.1996) by S.I. 1996/2967, reg. 21(1) (with Pt. III)
Editorial notes
- X1
The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.