The claimant sought additional and punitive damages for infringement of copyright by the defendant.
Held: The section of the 1988 Act should not normally justify an award of purely punitive or exemplary damages. The existence of several copyrights in any work might otherwise leave an infringer open to several such claims. Criminal offences had been created for infringement carried out knowingly. Nevertheless for additional damages can be made for cases of carelessness amounting to an attitude of ‘couldn’t care less’: recklessness could also be equated to deliberation.
Pumfrey J
Times 01-Apr-2002, Gazette 23-May-2002, [2002] EWHC 409 (Ch), [2002] EMLR 33
lip
Copyright, Design and Patents Act 1988 97(2)
England and Wales
Cited by:
Cited – Phonographic Performance Ltd v Reader ChD 22-Mar-2005
The claimant had in the past obtained an injunction to prevent the defendant broadcasting without their licence musical works belonging to their members at his nightclub. The defendant had obtained a licence, but had not renewed it. The claimants in . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Damages
Updated: 06 December 2021; Ref: scu.168116