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Compounding uncertainty: the need for guidelines in the assessment of additional damages for copyright infringement

Johnson, Phillip 2019. Compounding uncertainty: the need for guidelines in the assessment of additional damages for copyright infringement. Intellectual Property Quarterly 2019 (2) , pp. 136-161.

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Abstract

An infringement of copyright can lead to the payment of damages over and beyond those necessary to compensate for the copyright owner’s loss. These so called “additional” damages were introduced over sixty years ago and, in England at least, their normative basis had not been determined by the appellate courts until recently; in contrast, the Australian and New Zealand courts have long had a clear rationale for the circumstances allowing an award. 'In the first part of this discussion it will be suggested that the clear normative approach to additional damages in those jurisdictions could provides further clarity. In the second part, the framework for when such damages are available can be supported by such jurisprudence. The final part, in contrast, argues against the broad and liberal approach adopted in three jurisdictions and proposes that additional damages should be awarded using a structured approach enabling the outcome to be more foreseeable and fit both its normative basis and its practical application

Item Type: Article
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
K Law > KD England and Wales
Publisher: Sweet and Maxwell
ISSN: 1364-906X
Date of First Compliant Deposit: 15 April 2019
Last Modified: 14 Nov 2019 13:28
URI: http://orca.cf.ac.uk/id/eprint/121776

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