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 or she
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, liable to an action
under this section in respect of an act done by him or her in his or her
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 or she 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 device used or intended
to be used for making infringing copies.