Groundless threats of legal proceedings. 202.—(1.) Where a person, by means of circulars, advertisements or otherwise, threatens a person with an action or proceeding in respect of an infringement of copyright, then, whether the person making the threats is or is not the owner of the copyright or an exclusive licensee, a person aggrieved may bring an action against the first-mentioned person and may obtain a declaration to the effect that the threats are unjustifiable, and an injunction against the continuance of the threats, and may recover such damages (if any) as he has sustained, unless the first-mentioned person satisfies the court that the acts in respect of which the action or proceeding was threatened constituted, or, if done, would constitute, an infringement of copyright.
(2.) The mere notification of the existence of a copyright does not constitute a threat of an action or proceeding within the meaning of this section.
(3.) Nothing in this section renders a barrister or solicitor of the High Court, or of the Supreme Court of a State or Territory of the Commonwealth, liable to an action under this section in respect of an act done by him in his professional capacity on behalf of a client.
(4.) The defendant in an action under this section may apply, by way of counterclaim, for relief to which he would be entitled in a separate action in respect of an infringement by the plaintiff of the copyright to which the threats relate and, in any such case, the provisions of this Act with respect to an action for infringement of a copyright are, mutatis mutandis, applicable in relation to the action.
(5.) A reference in this section to an action in respect of an infringement of copyright shall be read as including a reference to an action in respect of the conversion or detention of an infringing copy or of a plate used or intended to be used for making infringing copies.
Limitation on power of courts to grant relief in proceedings under this Act. 203. Nothing in this Act authorizes a State court or a court of a Territory to grant relief by way of injunction or account of profits if that court would not, apart from this Act, have power to grant such relief.
Part XI.—Transitional.
Division 1.—Preliminary.
Definitions. 204.—(1.) In this Part, the expression “photograph” has, in lieu of the meaning given to that expression by section 10 of this Act, the meaning given by the next succeeding sub-section.
(2.) For the purposes of any provision of this Part that provides that an expression is to have the meaning given to that expression by this section or that refers to an expression as defined by this section—
- “collective work” means—
- (a) an encyclopaedia, dictionary, year book or similar work;
