Liability where work uploaded in breach of section 45A or 45B
45C Liability where work uploaded in breach of section 45A or 45B
If any person suffers loss or damage as a result of anything done by an entity that contravenes section 45A or 45B, the person may bring an action for the amount of the loss or damage against the entity in:
the Federal Court of Australia;
the Federal Circuit and Family Court of Australia (Division 2);
a court of a State or Territory that has jurisdiction in relation to the matter.
The action must be brought within 6 years after the loss or damage was suffered.
In determining the damage suffered by the person, the court may include costs incurred by the person as a result of legal action relating to infringement of copyright.
This Act’s bill:Explanatory memorandumSecond reading speech
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