Page:Copyright Act 2021.pdf/291

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(i) distributes an article—

(A) other than for the purposes of trade; and

(B) to an extent that will prejudicially affect the copyright owner;

(ii) imports an article for the purpose of distributing the article—

(A) other than for the purposes of trade; and

(B) to an extent that will prejudicially affect the copyright owner;

(iii) possesses an article for the purpose of distributing the article—

(A) other than for the purposes of trade; and

(B) to an extent that will prejudicially affect the copyright owner; and

(b) when doing the act, the person knows or ought reasonably to know that the article is an infringing copy of the work.

Wilful and significant rights infringement

449.—(1) A person commits an offence if—

(a) the person wilfully commits a rights infringement; and

(b) the extent of the infringement is significant.

(2) All relevant matters must be considered in deciding whether the extent of a rights infringement is significant for the purposes of subsection (1), including—

(a) the volume of any articles that are infringing copies;

(b) the value of any articles that are infringing copies; and

(c) whether the infringement has a substantial prejudicial impact on the rights owner.