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Award of damages in infringement action.
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304.—(1) The court may, in an action for infringement of a performer's property right award such damages as, having regard to all the circumstances of the case, it considers just.
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(2) Without prejudice to any other remedy, where, in an action for infringement of a performer's property rights, it is shown that at the time of the infringement the defendant did not know and had no reason to believe that the rights subsisted in the recordings to which the action relates, the plaintiff is not entitled to damages against the defendant.
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