Napier Tool & Die Ltd v Oraka Technologies Ltd - [2017] 2 NZLR 611

Copyright — Infringement — Damages — Recovery of third party loss — Oral licensing agreement to third party — No exclusive licence — Loss suffered by third party directly — Whether copyright owner able to claim for loss — Lost opportunity to allow third party to enter contracts generating profit — Expansive approach — Injustice — Choice of remedy — Copyright Act 1994, ss 2(1), 75, 120, 120(2), 123.

Damages — Election of remedy — Compensatory — Recovery of third party loss — Copyright infringement — Loss suffered by third party — Compensation awarded to copyright owner — Copyright owner not suffering loss directly — Whether damages available under notional licence fee — User principle.