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(3) In an action for infringement of copyright—
- (a) copyright shall be presumed to subsist in the work, unless the defendant puts the question in issue;
- (b) where the subsistence of copyright is not in issue, the plaintiff is presumed to be the owner of the right claimed, unless the defendant puts his ownership in issue;
- (c) the work in question shall be presumed to be original, and, in the case of a publication, the date and place alleged by the plaintiff shall be presumed to be correct, unless, in either case, the contrary is proved.
(4) Subject to the provisions of this Law, infringements of copyright shall be actionable at the suit of the owner of the copyright, and in any action for such an infringement all such relief, by way of damages, injunction, accounts or otherwise, shall be available to the plaintiff as is available in any corresponding proceedings in respect of infringement of other rights.
(5) Where in an action for infringement of copyright it is proved or admitted—
- (a) that an infringement was committed, but
- (b) that at the time of the infringement the defendant was not aware, and had no reasonable grounds for suspecting. that copyright subsisted in the work to which the action relates,
the plaintiff shall not be entitled under this section to any damages against the defendant in respect of the infringement, but shall be entitled to an account of profits in respect of the infringement whether any other relief is granted under this section or not.
(6) Where in an action under this section an infringement of copyright is proved or admitted, and the Court, having regard (in addition to all other material considerations) to—
- (a) the flagrancy of the infringement; and
- (b) any benefit shown to have accrued to the defendant by reason of the infringement,
is satisfied that effective relief would not otherwise be available to the plaintiff, the Court, in assessing damages for the infringement, shall have power to award such additional damages by virtue of this subsection as the Court may consider appropriate in the circumstances.
(7) No injunction shall be issued in proceedings for infringement of copyright which requires a completed or partly built building to be demolished or prevents the completion of a partly built building.
(8) In this section—
"action" includes a counterclaim, and references to the plaintiff and to the defendant in an action shall be construed accordingly;
"Court" means a Court of competent jurisdiction;
"owner of copyright" means the first owner, an assignee or an exclusive licensee, as the case may be, of the relevant portion of the copyright.
