(a) the flagrancy of the infringement, and

 (b) any benefit accruing to the defendant by reason of the infringement,

 (a) no injunction shall be granted against him,

 (b) no order for delivery up shall be made under section 99, and

 (c) the amount recoverable against him by way of damages or on an account of profits shall not exceed double the amount which would have been payable by him as licensee if such a licence on those terms had been granted before the earliest infringement.

 (a) has an infringing copy of a work in his possession, custody or control in the course of a business, or

 (b) has in his possession, custody or control an article specifically designed or adapted for making copies of a particular copyright work, knowing or having reason to believe that it has been or is to be used to make infringing copies,

The right to seize and detain is exercisable subject to the following conditions and is subject to any decision of the court under section 114.

"premises" includes land, buildings, moveable structures, vehicles, vessels, aircraft and hovercraft; and "prescribed" means prescribed by order of the Secretary of State.

 (a) the court shall in assessing damages take into account—
 (i) the terms of the licence, and
 (ii) any pecuniary remedy already awarded or available to either of them in respect of the infringement;

 (b) no account of profits shall be directed if an award of damages has been made, or an account of profits has been directed, in favour of the other of them in respect of the infringement; and

 (c) the court shall if an account of profits is directed apportion the profits between them as the court considers just, subject to any agreement between them;

 (a) to be the author of the work;

 (b) to have made it in circumstances not falling within section 11(2), 163, 165 or 168 (works produced in course of employment, Crown copyright, Parliamentary copyright or copyright of certain international organisations).

 (a) the work qualifies for copyright protection by virtue of section 155 (qualification by reference to country of first publication), and

 (b) a name purporting to be that of the publisher appeared on copies of the work as first published,

 (a) that the work is an original work, and

 (b) that the plaintiff's allegations as to what was the first publication of the work and as to the country of first publication are correct.

 (a) that a named person was the owner of copyright in the recording at the date of issue of the copies, or

 (b) that the recording was first published in a specified year or in a specified country,

 (a) that a named person was the author or director of the film,

 (b) that a named person was the owner of copyright in the film at the date of issue of the copies, or

 (c) that the film was first published in a specified year or in a specified country,

 (a) that a named person was the owner of copyright in the program at the date of issue of the copies, or

 (b) that the program was first published in a specified country or that copies of it were first issued to the public in electronic form in a specified year,

 (a) that a named person was the author or director of the film, or

 (b) that a named person was the owner of copyright in the film immediately after it was made,

This presumption applies equally in proceedings relating to an infringement alleged to have occurred before the date on which the film was shown in public, broadcast or included in a cable programme service.

 (a) makes for sale or hire, or

 (b) imports into the United Kingdom otherwise than for his private and domestic use, or

 (c) possesses in the course of a business with a view to committing any act infringing the copyright, or

 (d) in the course of a business —
 (i) sells or lets for hire, or
 (ii) offers or exposes for sale or hire, or
 (iii) exhibits in public, or
 (iv) distributes, or

 (e) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,

 (a) makes an article specifically designed or adapted for making copies of a particular copyright work, or

 (b) has such an article in his possession,

 (a) by the public performance of a literary, dramatic or musical work, or

 (b) by the playing or showing in public of a sound recording or film,

 (a) on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both;

 (b) on conviction on indictment to a fine or imprisonment for a term not exceeding two years, or both.

 (a) he had in his possession, custody or control in the course of a business an infringing copy of a copyright work, or

 (b) he had in his possession, custody or control an article specifically designed or adapted for making copies of a particular copyright work, knowing or having reason to believe that it had been or was to be used to make infringing copies,

 (a) in England, Wales and Northern Ireland, when he is orally charged or is served with a summons or indictment;

 (b) in Scotland, when he is cautioned, charged or served with a complaint or indictment.

 (a) after the end of the period specified in section 113 (period after which remedy of delivery up not available), or

 (b) if it appears to the court unlikely that any order will be made under section 114 (order as to disposal of infringing copy or other article).

 (a) in England and Wales, to the Crown Court, and

 (b) in Northern Ireland, to the county court;

 (a) that an offence under section 107(1)(a), (b), (d)(iv) or (e) has been or is about to be committed in any premises, and

 (b) that evidence that such an offence has been or is about to be committed is in those premises,

 (a) may authorise persons to accompany any constable executing the warrant, and

 (b) remains in force for 28 days from the date of its issue.

 (a) that he is the owner of the copyright in the work, and

 (b) that he requests the Commissioners, for a period specified in the notice, to treat as prohibited goods printed copies of the work which are infringing copies.

 (a) that he is the owner of the copyright in the work,

 (b) that infringing copies of the work are expected to arrive in the United Kingdom at a time and a place specified in the notice, and

 (c) that he requests the Commissioners to treat the copies as prohibited goods.

 (a) to furnish the Commissioners with such evidence as may be specified in the regulations, either on giving notice or when the goods are imported, or at both those times, and

 (b) to comply with such other conditions as may be specified in the regulations.

 (a) to pay such fees in respect of the notice as may be specified by the regulations;

 (b) to give such security as may be so specified in respect of any liability or expense which the Commissioners may incur in consequence of the notice by reason of the detention of any article or anything done to an article detained;

 (c) to indemnify the Commissioners against any such liability or expense, whether security has been given or not.

 (a) is under a disability, or

 (b) is prevented by fraud or concealment from discovering the facts entitling him to apply for an order,

 (a) in England and Wales, has the same meaning as in the [1980 c. 58.] Limitation Act 1980;

 (b) in Scotland, means legal disability within the meaning of the [1973 c. 52.] Prescription and Limitation (Scotland) Act 1973;

 (c) in Northern Ireland, has the same meaning as in the [1958 c. 10 (N.I.).] Statute of Limitations (Northern Ireland) 1958.

 (a) forfeited to the copyright owner, or

 (b) destroyed or otherwise dealt with as the court may think fit,

 (a) to appear in proceedings for an order under this section, whether or not he was served with notice, and

 (b) to appeal against any order made, whether or not he appeared;

section 99 (order for delivery up of infringing copy or other article),

section 102(5) (order as to exercise of rights by copyright owner where exclusive licensee has concurrent rights), or

section 114 (order as to disposal of infringing copy or other article),