Exhibiting infringing copy in public commercially
132AG Exhibiting infringing copy in public commercially
Indictable offences
A person commits an offence if:
the person by way of trade exhibits an article in public; and
the article is an infringing copy of a work or other subject‑matter; and
copyright subsists in the work or other subject‑matter at the time of the exhibition.
A person commits an offence if:
the person exhibits an article in public, with the intention of obtaining a commercial advantage or profit; and
the article is an infringing copy of a work or other subject‑matter; and
copyright subsists in the work or other subject‑matter at the time of the exhibition.
An offence against subsection (1) or (2) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
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 offences
A person commits an offence if:
the person by way of trade exhibits an article in public; and
the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and
copyright subsists in the work or other subject‑matter at the time of the exhibition and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
A person commits an offence if:
the person exhibits an article in public, with the intention of obtaining a commercial advantage or profit; and
the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and
copyright subsists in the work or other subject‑matter at the time of the exhibition and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
An offence against subsection (4) or (5) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offences
A person commits an offence if:
the person by way of trade exhibits an article in public; and
the article is an infringing copy of a work or other subject‑matter; and
copyright subsists in the work or other subject‑matter at the time of the exhibition.
Penalty: 60 penalty units.
A person commits an offence if:
the person exhibits an article in public in preparation for, or in the course of, obtaining a commercial advantage or profit; and
the article is an infringing copy of a work or other subject‑matter; and
copyright subsists in the work or other subject‑matter at the time of the exhibition.
Penalty: 60 penalty units.
Subsections (7) and (8) are offences of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
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