US Free Trade Agreement Implementation Act 2004 (120 of 2004)

Schedule 9   Copyright amendments

Part 3   Performers' protection

Copyright Act 1968

78   At the end of section 248J

Add:

(4) If:

(a) a performer brings an action under this section that relates to a recording of a performance; and

(b) the relief granted in the action consists of or includes damages; and

(c) the performer has already been granted damages in an action under another section of this Act in relation to an infringement of his or her copyright in the recording; and

(d) the action referred to in paragraph (c) arose out of the same event or transaction as the action referred to in paragraph (a);

the amount of any damages referred to in paragraph (b) that, apart from this subsection, would be awarded to the performer is to be reduced by the amount of the damages referred to in paragraph (c).

(5) If:

(a) a performer brings an action under another section of this Act that relates to an infringement of his or her copyright in a recording of a performance; and

(b) the relief granted in the action consists of or includes damages; and

(c) the performer has already been granted damages in an action under this section in relation to the performance; and

(d) the action referred to in paragraph (c) arose out of the same event or transaction as the action referred to in paragraph (a);

the amount of any damages referred to in paragraph (b) that, apart from this subsection, would be awarded to the performer is to be reduced by the amount of the damages referred to in paragraph (c).