Can I get extra compensation for flagrant copyright infringement?
Updated: Dec 8, 2022
Yes, you can. In the case of APRA v Dion  FCCA 2330, the Federal Circuit Court awarded $34,822 for copyright infringement (and the actual loss suffered) and $400,000 for flagrant infringement.
Australasian Performing Right Association Ltd (APRA) represents musicians and is responsible for the granting of licences for performances of its members' musical works.
In 2014, APRA granted John Dion a licence to hold the "Soulfest" concerts on the condition of payment of a licence fee.
Shortly before the concerts, Dion sent a fake payment receipt to APRA.
APRA obtained a court order for Dion to pay the licence fees. John Dion failed to comply with the order.
In 2015, Dion was granted another licence from APRA to use musical works in another Soulfest concert. Again, he failed to make the payment.
APRA obtained an injunction preventing Dion from holding the concert.
Dion cancelled the concert and told everyone that it was because of poor ticket sales, not a legal action.
Judge Street was found that Dion's failure to pay the licence was a "flagrant" and "deliberate" infringement of the Copyright Act.
The court wanted to deter others from engaging in Dion's conduct in the future.