(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.
Cases considering section 191J 4
[2014] EWHC 3087 (IPEC) · 3 October 2014Limits
Limits the practical operation of the performer’s additional-damages provision because article 13 and regulation 3 now govern materially similar relief. Alternatively, if it remained applicable, the court would have awarded £5,000 without cumulative recovery. (see paras [96]-[103])
[2010] EWHC 1986 (Ch) · 30 July 2010Limits
Considers the corresponding additional-damages provision for infringement of performers’ property rights. The court reached the same conclusion as under section 97(2) and made no award of additional damages. (see paras [25]; [65]-[76])
[2024] UKSC 17 · 15 May 2024Limits
The lack-of-knowledge defence applies to damages without prejudice to other remedies, supporting the availability of an account of profits against an innocent primary infringer. (see paras [147]; [156])
What each judgment says about section 191J is in the case-law panel in the full Act.