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Rh :(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.

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: