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Chapter 14
Remedies: Owner of Performers' Property Rights
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Infringement actionable by rightsowner.
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303.—(1) An infringement of a performer's property rights is actionable by the rightsowner.
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(2) In an action for infringement of a performer's property rights under this section all relief by way of damages, injunctions, account of profits or otherwise is available to the plaintiff as it is available in respect of the infringement of any other property right.
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(3) Where, in an action for infringement of a performer's property rights, the defendant does not admit that the plaintiff is owner of the performer's property rights, the court may direct that evidence in relation to ownership of the performer's property rights be given on affidavit and the court may decide the issue on consideration of any affidavit presented to it unless it is satisfied that any conflict of evidence between the affidavits may not be resolved other than by hearing oral testimony in which case the court may order that oral evidence may be adduced.
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(4) Hearsay evidence may be accepted for the purposes of any hearing under subsection (3).
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