Action for breach of duty. 194.—(1.) Where a person commits a breach of a duty owed by him to another person by virtue of this Part, the breach is not an offence against this Part but the other person may bring an action in respect of the breach.
(2.) Subject to section 203 of this Act, the relief that a court may grant in an action under the last preceding sub-section includes an injunction (subject to such terms, if any, as the court thinks fit) and damages.
(3.) Where, in respect of an act done in relation to, or to a reproduction of, a work or an adaptation of a work after the death of the author of the work, damages are recovered under this section by the legal personal representative of the author, those damages devolve as if they formed part of the estate of the author and as if the right of action in respect of the doing of that act had subsisted, and had been vested in the author, immediately before his death.
Saving of other rights and remedies. 195.—(1.) Subject to this section, this Part does not affect any right of action or other remedy, whether civil or criminal, in proceedings instituted otherwise than by virtue of this Part.
(2.) Any damages recovered in proceedings instituted by virtue of this Part shall be taken into account in assessing damages in proceedings instituted otherwise than by virtue of this Part and arising out of the same operation or transaction.
(3.) Any damages recovered in proceedings instituted otherwise than by virtue of this Part shall be taken into account in assessing damages in proceedings instituted by virtue of this Part and arising out of the same operation or transaction.
Part X.—Miscellaneous.
Assignments and licences in respect of copyright. 196.—(1.) Copyright is personal property and, subject to this section, is transmissible by assignment, by will and by devolution by operation of law.
(2.) An assignment of copyright may be limited in any way, including any one or more of the following ways:—
- (a) so as to apply to one or more of the classes of acts that, by virtue of this Act, the owner of the copyright has the exclusive right to do (including a class of acts that is not separately specified in this Act as being comprised in the copyright but falls within a class of acts that is so specified);
- (b) so as to apply to a place in or part of Australia;
- (c) so as to apply to part of the period for which the copyright is to subsist.
(3.) An assignment of copyright (whether total or partial) does not have effect unless it is in writing signed by or on behalf of the assignor.
