Page:Copyright Act 2021.pdf/291

292 ::(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.