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- (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 author’s moral rights;
- (b) the number and categories of people who have seen or heard the work;
- (c) anything done by the defendant to mitigate the effects of the infringement;
- (d) in the case of the moral right under section 371 (right to be identified)—the cost or difficulty (if any) of identifying the author;
- (e) the cost or difficulty (if any) of reversing the infringement;
- (f) any practice in the industry in which the work is used that is relevant to the work or the use of the work; and
- (g) the damage caused to the author by the infringement, including any loss of income.
Moral rights not assignable
386. An author’s moral rights are—
- (a) personal to him or her; and
- (b) not assignable.
Devolution on death
387.—(1) When an author dies—
- (a) the author’s moral rights devolve to his or her personal legal representative; and
- (b) any damages recovered in an action under section 383 by the personal legal representative form part of the author’s estate.
