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Copyright Infringement, Injunction and Damages

Taking Action on Copyright Infringement

If someone is infringing  your copyright or is about to do so, then, provided you act promptly, you can ask a court to grant you a remedy in the form of an injunction, and you can also (or alternatively, if the damage has already been done) claim damages based on estimated loss caused, or an account of profits made, by the infringer.

Financial compensation might not be awarded if the infringer had no reason to believe the work was copyright, so, to prevent that defence, you should fix a copyright notice (©, year of publication and your or your company's name) on the copyright work. You can also ask the court to order delivery up of infringing copies or articles used for making copies.

If vital evidence which might assist you in infringement proceedings might be destroyed or if the infringer might spirited away assets so they are not used to pay your damages, you should take early legal advice.

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