US Free Trade Agreement Implementation Act 2004 (120 of 2004)

Schedule 9   Copyright amendments

Part 8   Criminal offences

Copyright Act 1968

154   Before subsection 132(5E)

Insert:

Offence relating to significant infringement of copyright

(5DB) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct results in one or more infringements of the copyright in a work or other subject-matter; and

(c) the infringement or infringements have a substantial prejudicial impact on the owner of the copyright; and

(d) the infringement or infringements occur on a commercial scale.

(5DC) In determining whether one or more infringements occur on a commercial scale for the purposes of paragraph (5DB)(d), the following matters are to be taken into account:

(a) the volume of any articles that are infringing copies that constitute the infringement or infringements;

(b) the value of any articles that are infringing copies that constitute the infringement or infringements;

(c) any other relevant matter.