Page:Copyright Act 2021.pdf/290

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(b) the person knows or ought reasonably to know that the article is to be used to make infringing copies of the performance for the purpose of commercial dealing.

Punishment

447.—(1) A person convicted of an offence under section 444 shallbe liable—

(a) in the case of an individual—

(i) to a fine not exceeding the higher of the following:

(A) $100,000;

(B) $10,000 for each article in respect of which the offence is committed;

(ii) to imprisonment for a term not exceeding 5 years; or

(iii) to both; and

(b) in any other case—to a fine not exceeding the higher of the following:

(i) $200,000;

(ii) $20,000 for each article in respect of which the offence is committed.

(2) A person convicted of an offence under section 445 or 446 shall be liable—

(a) in the case of an individual—to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both; and

(b) in any other case—to a fine not exceeding $200,000.

Division 2—Offences without commercial element

Distribution, etc., of infringing copies of works

448. A person commits an offence if—

(a) at any time when copyright subsists in a work, the person does any of the following acts: