COPYRIGHT
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(3) A prescribed exception may be limited—
- (a) to a specified work or performance;
- (b) to a class of works or performances;
- (c) to a class of persons; and
- (d) by the purpose for which the otherwise circumventing act is done.
Action for infringement
436. The rights owner of a protected copy may bring an action in the Court against any person who infringes a provision of this Division in relation to the protected copy.
Limitation of action
437. An action may not be brought against an infringement of a provision of this Division under section 436 more than 6 years after the infringement takes place.
Remedies
438.—(1) Subject to this section, the remedies that the Court may grant for an infringement of a provision of this Division include—
- (a) an injunction (which may be subject to terms);
- (b) either—
- (i) damages; or
- (ii) if the claimant so elects, statutory damages; and
- (c) an order that an offending article in the defendant’s possession or before the Court be—
- (i) delivered up and forfeited to the rights owner;
- (ii) destroyed; or
- (iii) otherwise dealt with.
(2) The remedies in subsection (1)(b) are not available against a defendant who deals in a circumventing device or service if it is proved that the dealing is not wilful.
