Section 97

Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy. The court may in an action for infringement of copyright having regard to all the circumstances, and in particular to— award such additional damages as the justice of the case may require. the flagrancy of the infringement, and any benefit accruing to the defendant by reason of the infringement,

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Source: legislation.gov.uk · retrieved 2026-09-04