Navigating the Labyrinth of Copyright: Larry's Tale - Part 5

“I know this is what you came for,” Barr. Francis said, chuckling lightly. “Let’s dive in, shall we?

First and foremost, we will discuss the court with the jurisdiction to preside over infringement matters. The court with jurisdiction over intellectual property infringement matters is the Federal High Court where the infringement occurred. An offended party can bring an action through criminal or civil proceedings. As long as the party can prove ownership of the copyright in the work and that the copyright was infringed by the offending party, they are likely to receive a judgment in their favor. Now, let’s explore the various remedies available to the plaintiff in a copyright claim.”

“Barr. Francis, I’m sorry to interrupt you, but what are remedies?” Larry asked.

“Remedies are court-ordered compensations for injuries or losses suffered by a party in a claim. Speaking of remedies available in a copyright claim, they include: Damages, Anton Pillar Order, Account of Profit, and Right of Conversion.

Damages: Damages are monetary compensations awarded by the court, which can come in various forms:

• General and Special Damages: General damages are compensatory awards for losses flowing naturally from the defendant’s conduct. These damages don’t need to be pleaded or proved, as they are generally presumed by law and are awarded regardless of whether they are pleaded. Special damages, on the other hand, are damages that are not presumed by law, so they must be pleaded and proved before they can be granted. For instance, if a party pleads compensation for emotional trauma caused by the infringement, they need to plead it in their statement and prove they indeed suffered emotional trauma.
• Exemplary or Punitive Damages: These damages are awarded not just to compensate the plaintiff but to deter the defendant from such actions in the future and to serve as an example to others who may attempt to act similarly.
• Nominal Damages: These are awarded when the plaintiff proves that the defendant violated their right but is unable to show evidence of any losses suffered as a result of the plaintiff’s action or perhaps suffered no damage. These damages acknowledge the legal injury suffered by the plaintiff and their right to seek redress and compensation.

Anton Pillar Order: An Anton Piller order, also known as a search order, permits inspection of the defendant for search and seizure of relevant materials, which, in this case, are copies of infringed material or the machine used in the infringement, depending on the facts of the case.

Account of Profit: Where it is proved that an infringement did occur and the defendant proved that they were unaware and had no reason to believe that copyright subsisted in the work they infringed, the plaintiff will not be entitled to any damages due to the infringement. However, they shall be entitled to an account of the profit made by the defendant in respect of the infringement.

Right of Conversion: Conversion is another remedy available to owners whose copyright has been infringed. This entails the conversion of all the infringed copies, master tapes, machines, or equipment used or intended for the production of infringed copies of the owner’s work, all deemed to be the owner’s property. The owner can then take proceedings for the possession of those materials.”

I believe this is everything you need to know about Copyright” Barr. Francis said and smiled.

“Barr. Francis, thank you very much. Now I am rest assured that I’ll get my money from those publishing crooks” Larry said.

“First, you”ll pay the professional legal fees before we continue with anything else” Barr. Francis responded.

THE END.