{
  "url": "https://openlegislation.uk/copyright-designs-and-patents-act-1988/section-97",
  "json_url": "https://openlegislation.uk/copyright-designs-and-patents-act-1988/section-97.json",
  "legislation": "ukpga/1988/48",
  "legislation_title": "Copyright, Designs and Patents Act 1988",
  "legislation_url": "https://openlegislation.uk/copyright-designs-and-patents-act-1988",
  "path": "section/97",
  "kind": "section",
  "number": "97",
  "heading": "Provisions as to damages in infringement action.",
  "text": "(1) Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy.\n(2) The court may in an action for infringement of copyright having regard to all the circumstances, and in particular to—\n(a) the flagrancy of the infringement, and\n(b) any benefit accruing to the defendant by reason of the infringement,\naward such additional damages as the justice of the case may require.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "Ss. 90-93, 96-98, 101, 102 applied (1.1.1998) by S.I. 1997/3032, reg. 23 (with Pt. IV)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1988/48/section/97",
    "retrieved_at": "2026-10-29T09:47:40.311838+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}