Intellectual property – Copyright – Infringement – Remedies – Election – account of profits – damages
The Claimant owned the copyright in musical recordings by Cat Stevens, which the Defendants admitted infringing.
Whether the Claimant had to elect between damages and an account of profits prior to judgment.
There was no authority which required the claimant to elect before judgment – existing authorities merely required that a claimant could not be entitled to both remedies at judgment. The claimant was entitled to make an informed choice before deciding how to elect. The Defendants’ offer of an audited schedule was an acceptable alternative to discovery. The Claimant had seven days from the service of the schedule to elect between damages and an account.
This authority established the right of a claimant in a case involving alternate remedies to make an informed choice before making an election.