(1) An infringement of any of the rights conferred by this Part is actionable by the performer in whom the right is vested.
(2) An infringement of any of the rights conferred by this Part is also actionable, on behalf of the performer, by a person having recording rights, without any need to obtain the consent of the performer to the bringing of the proceedings, unless the performer expressly requires his or her consent to be obtained.
(3) In proceedings for infringement of any of the rights conferred by this Part, the relief that a court may grant includes—
(a) an injunction (subject to such terms, if any, as the court thinks fit); and
(b) damages.
(4) Where, in proceedings under this Part,—
(a) the infringement is established; and
(b) the court is satisfied that it is proper to do so, having regard to—
(i) the flagrancy of the infringement; and
(ii) any benefit accruing to the defendant by reason of the infringement; and
(iii) all other relevant matters,—
the court may award such additional damages as the justice of the case may require.
Compare: Copyright Act 1968 s 248J (Aust)