In Meskenas v ACP Publishing Pty Ltd [2006] FMCA 1136 (14 August 2006), the Federal Magistrates Court of Australia awarded an artist damages of $9,100.00 against a magazine that published a photograph of his work with attribution to another person.

The artist’s son contacted Woman’s Day shortly after publication in March 2005 and requested a correction and an
apology but despite many requests none was made until June 2006.

It was not in dispute that
Meskenas was the author of the portrait although he no longer had copyright because he had given the painting away.

Under Part 9 of the Copyright Act , derived
from the Copyright Amendment (Moral Rights) Act 2000 (Cth) he was entitled to attribution, the right to be clearly identified and the right
not to have the authorship falsely attributed.

The Magistrate awarded Meskenas the sum of
$1,100.00 for the wrongful attribution which includes the "non-attribution" and
the distress which it caused him. He also awarded the sum of $8 000.00 for an
infringement of moral rights . THe Magistrate made " it clear this award (of $8000) relates to the conduct of the respondent and the
additional hurt caused by that conduct to the applicant following his advice to
it that his copyright/moral right had been infringed. It is therefore additional
to the lesser sum awarded in respect of the original infringement.  It is not
also to be considered a species of exemplary or punitive damages."