# Copyright, Designs and Patents Act 1988, Section 191J: Provisions as to damages in infringement action.


(1) 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.
(2) The court may in an action for infringement of a performer’s property rights having regard to all the circumstances, and in particular to—
(a) the flagrancy of the infringement, and
(b) any benefit accruing to the defendant by reason of the infringement,
award such additional damages as the justice of the case may require.

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Source: https://www.legislation.gov.uk/ukpga/1988/48/section/191J (the official version)
Page: https://openlegislation.uk/copyright-designs-and-patents-act-1988/section-191J
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.