Infringement of copyright – damages

In Pty Limited v Graphix Labels Pty Ltd (No 2) [2008] FCA 746, the Court awarded only nominal damages of $10 pursuant to s115(2) of the Copyright Act 1968, having regard to the failure of the Applicant to show any economic loss flowing from the Respondent’s infringement of copyright.

However, after noting that the flagrancy of the infringing conduct is a factor to be considered but not a precondition of an award of additional damages under s115(4), the Court found that in this case the infringement was flagrant. Having regard to that finding and other circumstances of the case, the Court awarded additional damages of $10,000.