COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) (ii) an occupier of premises who gave permission for the apparatus to be brought on to the premises if, when he gave permission, he knew or had reason to believe that the apparatus was likely to be used so as to infringe copyright; and (iii) a person who supplied a copy of the sound recording or audio-visual work if, when he supplied it, he knew or had reason to believe that what he supplied, or a copy made directly or indirectly from it, was likely to be used so as to infringe copyright. 52 Owner of copyright entitled to remedies for infringement (1) Subject to this Act, an infringement of copyright shall be actionable at the suit of the owner of the copyright. (2) Subject to this Act, in any proceedings for an infringement of copyright there shall be available to the plaintiff all such remedies by way of damages, interdict, attachment, the rendering of account, the delivery of infringing copies or articles used or intended to be used for making infringing copies or otherwise, as are available in respect of the infringement of any other proprietary right. 53 Rights and remedies of exclusive licensee (1) An exclusive licensee shall have the same rights of action and be entitled to the same remedies as if the licence were an assignment, and those rights and remedies shall be concurrent with the rights and remedies of the owner of the copyright under which the licence was granted. (2) If an exclusive licensee intends to exercise the option contemplated in subsection (1) of section fifty-five, he shall give written notice of his intention to the owner of the copyright concerned. 54 Forum in which remedies for infringement may be sought Subject to any regulations referred to in paragraph (f) of subsection (2) of section one hundred and thirty-five, proceedings in respect of an infringement of copyright may be instituted— (a) in the Tribunal; or (b) in the High Court; or (c) subject to the jurisdictional limits provided for in the Magistrates Court Act [Chapter 7:10], in a magistrates court: Provided that the Tribunal shall not have jurisdiction to entertain criminal proceedings. 55 Damages in infringement proceedings (1) Damages for infringement of copyright may, at the option of the person seeking them, be calculated on the basis of the amount of a reasonable royalty which would have been payable under the circumstances by a licensee in respect of the copyright concerned: Provided that, if the person seeking damages intends to exercise this option, he shall give notice of his intention, in writing, to any exclusive licensee of the copyright concerned. (2) In determining the amount of damages referred to in subsection (1), the Tribunal or court shall take the following factors into account, in addition to all other material considerations⎯ Act 11/2001 - 32 Chapter 26:01