Infringement actionable by copyright owner
Part I Copyright
(1)An infringement of copyright is actionable by the copyright owner.
(2)In an action for infringement of copyright all such relief by way of damages, injunctions, accounts or otherwise is available to the plaintiff as is available in respect of the infringement of any other property right.
(3)This section has effect subject to the following provisions of this Chapter.
The court used section 96 to confirm that copyright infringement is actionable by the copyright owner, so a claimant cannot plead infringement without asserting ownership or a relevant licence. (see para [49])
Confirms that infringement of copyright is actionable. The court used this provision, together with the property-right nature of copyright, to reject fairness as a basis for avoiding liability (see para [41]). Applies the provision permitting damages as in respect of infringement of another property right. The court assessed ordinary damages by reference to a reasonable licence fee for the five-day infringement and awarded £38,750 (see paras [44]-[76]).
The court interprets section 96(2) as making a broad range of remedies available for copyright infringement, including relief by damages, injunctions, accounts or otherwise. The words “or otherwise” do not establish a proprietary claim to the proceeds of infringement. (see paras [11]-[12])
2 more judgments, and what each says about section 96, are in the case-law panel in the full Act.