30 Action by owner of copyright for infringement
(1) Subject to the provisions of this Act, infringements of copyright shall be actionable at the
suit of the owner of the copyright, and in any action arising from such an infringement all
such relief by way of damages, interdict, delivery of infringing copies or plates used or
intended to be used for infringing copies or otherwise shall be available to the plaintiff as is
available to the plaintiff in any corresponding proceedings in respect of infringements of
other proprietary rights.
(2) Damages contemplated in subsection (1) may, at the option of the plaintiff, be calculated
on the basis of the amount of a reasonable royalty which would have been payable under the
circumstances by a licensee or sub-licensee in respect of the copyright concerned.
(3) In the determination of the amount of damages referred to in subsection (2) the court
shall, in addition to all other material considerations, take into account(a) the extent and nature of the infringement of copyright; and
(b) the amount which could be payable to the owner in respect of the exercise of copyright by
some other person.
(4) If a plaintiff intends to exercise the option contemplated in subsection (2), he or she shall
give notice in writing to any exclusive licensee or sub-licensee of the copyright in question of
his or her intention.
(5) Where in an action for infringement of copyright, it is proved or admitted that an
infringement was committed but 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.
(6) Where in an action for infringement of copyright, such infringement 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
may, in assessing damages for the infringement, award such additional damages as the court
thinks fit.
(7) In an action for infringement of copyright in respect of the construction of a building, no
interdict or other order shall, where the construction of the building has been begun, be
granted or made so as to(a) prevent the building from being completed; or
(b) require the building, in so far as it has been constructed, to be demolished.
31
Rights of action and remedies of exclusive licensee and sub-licensee
(1) An exclusive licensee and sub-licensee shall have the same rights of action and be entitled
to the same remedies as if the licence were an assignment, and those rights and remedies shall