VIC How to calculate a remedy for copyright infringment

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Alex x

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10 May 2019
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I've provided design and drawings to a property developer(his company actually, as he's registered a Pty Ltd company for this project). He's failed to pay my invoices, abandoned to pursue the planning permit, but took the drawings to the real estate agent for advertising and is trying to sell the site as it is. Can I sue him for copyright infringement and how can I calculate the account of profits? I have to put some figure in my claim and to pay the court fees depending on this figure.
 

Rob Legat - SBPL

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I think you’d more be looking at damages for breach of contract, i.e. the payment of the contract price, unless he is using them for a purpose which was not permitted under the terms of the contract.
 
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Alex x

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10 May 2019
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I think you’d more be looking at damages for breach of contract, i.e. the payment of the contract price, unless he is using them for a purpose which was not permitted under the terms of the contract.
Thanks Rob. The purpose(my fee proposal) was to complete the Town Planning Phase, i.e. applying for the Planning permit. After they failed to engage the consultants to comment on my drawings, we could not proceed. I gave them the work suspension notice until they pay my invoices. One month later a real estate agent called me asking for the hi resolution renderings for advertising purposes. I am suing them for both, the breach of contract AND the copyright infringement. The developer is a lawyer, so friends told me to leave it be, as they know all the tricks. But I am lodging anyway. I've changed the 12k figure to the 'statutory damages', so my court fee would be $300 less. Was it a clever thing to do? I just don't know what amount to ask for for the copyright. Thanks
 

Rob Legat - SBPL

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I'm not a litigator, so I'm not a good person to comment on likely damages. That would be better left to one of the IP specialists.
 
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