(4) ......
[Sub-s. (4) deleted by s. 20 (c) of Act 125 of 1992.]
24 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 for 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 in any corresponding proceedings in respect of infringements of other
proprietary rights.
[Sub-s. (1) substituted by s. 21 (a) of Act 125 of 1992.]
(1A) In lieu of damages the plaintiff may, at his or her option, be awarded an amount
calculated on the basis of a reasonable royalty which would have been payable by a
licensee in respect of the work or type of work concerned.
[Sub-s. (1A) inserted by s. 21 (b) of Act 125 of 1992 and substituted by s.
55 of Act 38 of 1997.]
(1B) For the purposes of determining the amount of damages or a reasonable royalty to be
awarded under this section or section 25 (2), the court may direct an enquiry to be held
and may prescribe such procedures for conducting such enquiry as the court considers
necessary.
[Sub-s. (1B) inserted by s. 21 (b) of Act 125 of 1992 and substituted by s. 55
of Act 38 of 1997.]
(1C) Before the owner of copyright institutes proceedings under this section, he or she 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 or she may have suffered as
a result of the infringement concerned or a reasonable royalty to which he or she may be
entitled.
[Sub-s. (1C) inserted by s. 21 (b) of Act 125 of 1992 and substituted by s. 55
of Act 38 of 1997.]
(2)
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.
Source: http://www.wipo.int/portal/es/