Chapter 11

Remedies: Moral Rights

137. —(1) An infringement of a right conferred by section 107 , 109, 113 or 114 is actionable as a breach of statutory duty owed to the person entitled to the right concerned.

(2) A person may apply to the appropriate court for damages or other relief in respect of an infringement of a right conferred by section 107 , 109, 113 or 114.

(3) In proceedings for infringement of the right conferred by section 109 , the appropriate court may grant an injunction prohibiting any act unless a sufficient disclaimer is made, on such terms and in such a manner as is approved of by the court, dissociating the person entitled to the right from the treatment of the work.

138. —In any proceedings for infringement of a right conferred by section 107 , 109 or 113 in respect of the construction of a building, no injunction or other order shall be made—

(a) after the construction of the building has 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.