Page:Copyright Act 2021.pdf/271

272 (4) For the purposes of subsection (1)(d)—
 * (a) a claimant may only be awarded a total of $20,000 in statutory damages in a single action, even if the action involves 2 or more infringements; and
 * (b) in deciding the amount of statutory damages to award, the Court must consider all relevant matters, including—
 * (i) the nature and purpose of the act constituting the infringement, including whether the act is of a commercial nature or otherwise;
 * (ii) the flagrancy of the infringement;
 * (iii) whether the defendant acted in bad faith;
 * (iv) any loss that the claimant has suffered or is likely to suffer because of the infringement;
 * (v) any benefit gained by the defendant because of the infringement;
 * (vi) the conduct of the parties before and during the proceedings; and
 * (vii) the need to deter similar infringements.

(5) In this section, an article is an “offending article” if—
 * (a) the article was used, or is being used, to carry out an infringement of a provision of this Division; or
 * (b) an infringement of a provision of this Division was or is being carried out in relation to the article.

Offence

417.—(1) Subject to this section, a person commits an offence if the person—
 * (a) wilfully infringes a provision of this Division; and
 * (b) does so to obtain a commercial advantage or private financial gain.

(2) Subsection (1) does not apply to any act done by or on behalf of—