| Commentary

40.5.12 Remedies

| Commentary

40.5.12 Remedies

Two out of the 61 recitals to the Information Society Directive give a very clear insight as to how it was intended that rights owners should obtain redress for infringement of the communication to the public right:

‘(58) Member States should provide for effective sanctions and remedies for infringements of rights and obligations as set out in this Directive. They should take all the measures necessary to ensure that those sanctions and remedies are applied. The sanctions thus provided for should be effective, proportionate and dissuasive and should include the possibility of seeking damages and/or injunctive relief and, where

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