132AD

Making infringing copy commercially

In force

Indictable offence

(1)

A person commits an offence if:

(a)

the person makes an article, with the intention of:

(i)

selling it; or

(ii)

letting it for hire; or

(iii)

obtaining a commercial advantage or profit; and

(b)

the article is an infringing copy of a work or other subject‑matter; and

(c)

(2)

An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.

Note 1:

A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).

Note 2:

If the infringing copy was made by converting the work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form, there is an aggravated offence with a higher maximum penalty under section 132AK.

Summary offence

(3)

A person commits an offence if:

(a)

the person makes an article, with the intention of:

(i)

selling it; or

(ii)

letting it for hire; or

(iii)

obtaining a commercial advantage or profit; and

(b)

the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and

(c)

copyright subsists in the work or other subject‑matter when the article is made and the person is negligent as to that fact.

Penalty: 120 penalty units or imprisonment for 2 years, or both.

(4)

An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.

Strict liability offence

(5)

A person commits an offence if:

(a)

the person makes an article in preparation for, or in the course of:

(i)

selling it; or

(ii)

letting it for hire; or

(iii)

obtaining a commercial advantage or profit; and

(b)

the article is an infringing copy of a work or other subject‑matter; and

(c)

Penalty: 60 penalty units.

(6)

Subsection (5) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code.

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