Copyright Act 1968

This section applies in relation to an action for infringement of copyright if the conditions in section 116AAE are satisfied.

Subject to subsection (3), a court must not grant relief against the defendant in respect of the infringing use that consists of:

damages or an account of profits; or

additional damages; or

other monetary relief.

The court may order the defendant to make reasonable payment to the copyright owner or owners in respect of the infringing use.

However, subsection (3) does not apply if:

the use was solely for private and domestic use; and

either:

the defendant promptly ceased use of the copyright material; or

the defendant and copyright owner or owners have entered into an agreement for the continuing use of the copyright material.

The burden of proving that the conditions in section 116AAE are satisfied is on the defendant.