COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) (a) the extent and nature of the infringement; and (b) the market value of the work concerned; and (c) the amount which could be payable to the owner in respect of the exercise of copyright by some other person. (3) Where in proceedings for infringement of copyright it is established that an infringement was committed and the Tribunal or court, having regard to⎯ (a) the flagrancy of the infringement; and (b) the market value of the work concerned; and (c) any benefit shown to have accrued to the person responsible for the infringement as a result of it; and (d) the need to deter persons from committing further infringements; is satisfied that effective relief would not otherwise be available to the plaintiff or applicant, the Tribunal or court shall have power to award such additional damages as it thinks fit. (4) Where in proceedings for infringement of copyright it is established that an infringement was committed but that at the time of the infringement the person responsible for it was not aware and had no reasonable grounds for suspecting that copyright subsisted in the work to which the proceedings relate, the plaintiff or applicant shall not be entitled under this section to any damages against that person in respect of the infringement. 56 Cases where interdict not available In proceedings for infringement of copyright in respect of the construction of a building, no interdict or other order shall be made⎯ (a) after the construction of the building has been begun so as to prevent it from being completed; or (b) so as to require the building, in so far as it has been constructed, to be demolished. 57 Anton Piller orders (1) If a person who has instituted or intends instituting proceedings for infringement of copyright satisfies the Tribunal or a court that, prima facie— (a) he has a cause of action against another person which he intends to pursue; and (b) the other person has in his possession documents, infringing copies or other things of whatsoever nature which constitute evidence of great importance in substantiation of that cause of action; and (c) there is a real and well-founded apprehension that the documents, infringing copies or other things may be hidden, destroyed or rendered inaccessible before discovery can be made in the usual way; the Tribunal or court, as the case may be, may make such order as it considers necessary or appropriate to secure the preservation of the documents, copies or things as evidence. (2) An order in terms of subsection (1) may be granted without notice to the person who is allegedly in possession of the documents, infringing copies or other things to which the order relates, and the Tribunal or court may sit in camera for the purpose of hearing an application for such an order: Act 11/2001 - 33 Chapter 26:01