Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 124

    In an action brought by the owner of the copyright or by the exclusive licensee:

  (a)   a judgment or order for the payment of damages in respect of an infringement of copyright shall not be given or made under section   115 if a final judgment or order has been given or made in favour of the other party directing an account of profits under that section in respect of the same infringement; and

  (b)   a judgment or order for an account of profits in respect of an infringement of copyright shall not be given or made under that section if a final judgment or order has been given or made in favour of the other party awarding damages or directing an account of profits under that section in respect of the same infringement.

Note:   However, not all owners of the copyright are entitled to damages (other than additional damages) or an account of profits: see section   100AG.