(c) in lieu of damages, the plaintiff at his option, be awarded an amount calculated on the basis of
reasonable royalty which would have been payable by a licensee in respect of the work or type of
work concerned;
(d) for the purpose of determining the amount of damages or a reasonable royalty to be awarded
under this section or section 33 (2), the court may direct an enquiry to be held and may prescribe
such procedures for conducting such enquiries as the court considers necessary; and
(e) before the owner of the right institutes proceedings under this section, he shall give notice in
writing to the exclusive licensee or sub-licensee of the copyright concerned of the intention to do so,
and the exclusive licensee or sub-licensee may intervene in such proceedings and recover any
damages he may have suffered as a result of the infringement concerned or a reasonable royalty to
which he may be entitled.
(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
whether or not other relief is granted under this section.
(6) Where in an action under this section an infringement of copyright protected under this
Act is proved or admitted, and the court, having regard (in addition to all other material
considerations) to
(a) the flagrancy of the infringement; and any benefit shown to have accrued to the defendant by
reason of the infringement,
(b) is satisfied that effective relief would not otherwise be available to the plaintiff, the court, 'in
assessing damages for the infringement, may 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 any right protected under
this Act which requires a completed or partly built building to be demolished or prevents the
completion of a partly built building.
(8) In an action under this section
(a) copyright shall be presumed to subsist in the work or other subject matter to which the action
relates, if the defendant does not put in issue the subsistence of copyright therein; and
(b)where the subsistence of copyright is proved, admitted or presumed under paragraph (a), the
plaintiff shall be presumed to be the owner of the copyright if he makes a claim thereto and the
defendant does not dispute that claim.