Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 132AR

Indictable offence

  (1)   A person commits an offence if:

  (a)   copyright subsists in a work or other subject - matter; and

  (b)   the person does any of the following acts in relation to the work or subject - matter:

  (i)   distributes a copy of the work or subject - matter with the intention of trading or obtaining a commercial advantage or profit;

  (ii)   imports a copy of the work or subject - matter into Australia with the intention of trading or obtaining a commercial advantage or profit;

  (iii)   communicates a copy of the work or subject - matter to the public; and

  (c)   the person does so without the permission of the owner or exclusive licensee of the copyright; and

  (d)   either:

  (i)   any electronic rights management information that relates to the work or subject - matter has been removed from the copy of the work or subject - matter; or

  (ii)   any electronic rights management information that relates to the work or subject - matter has been altered;

    without the permission of the owner or exclusive licensee of the copyright; and

  (e)   the person knows that the information has been removed or altered without that permission; and

  (f)   the act referred to in paragraph   (b) will induce, enable, facilitate or conceal an infringement of the copyright.

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

Summary offence

  (3)   A person commits an offence if:

  (a)   copyright subsists in a work or other subject - matter; and

  (b)   the person does any of the following acts in relation to the work or subject - matter:

  (i)   distributes a copy of the work or subject - matter with the intention of trading or obtaining a commercial advantage or profit;

  (ii)   imports a copy of the work or subject - matter into Australia with the intention of trading or obtaining a commercial advantage or profit;

  (iii)   communicates a copy of the work or subject - matter to the public; and

  (c)   the person does so without the permission of the owner or exclusive licensee of the copyright; and

  (d)   either:

  (i)   any electronic rights management information that relates to the work or subject - matter has been removed from the copy of the work or subject - matter; or

  (ii)   any electronic rights management information that relates to the work or subject - matter has been altered;

    without the permission of the owner or exclusive licensee of the copyright; and

  (e)   the act referred to in paragraph   (b) will induce, enable, facilitate or conceal an infringement of the copyright and the person is negligent as to that result.

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)   copyright subsists in a work or other subject - matter; and

  (b)   the person does any of the following acts in relation to the work or subject - matter:

  (i)   distributes a copy of the work or subject - matter in preparation for, or in the course of, trading or for obtaining a commercial advantage or profit;

  (ii)   imports a copy of the work or subject - matter into Australia in preparation for, or in the course of, trading or in preparation for, or in the course of, obtaining a commercial advantage or profit;

  (iii)   communicates a copy of the work or subject - matter to the public; and

  (c)   the person does so without the permission of the owner or exclusive licensee of the copyright; and

  (d)   either:

  (i)   any electronic rights management information that relates to the work or subject - matter has been removed from the copy of the work or subject - matter; or

  (ii)   any electronic rights management information that relates to the work or subject - matter has been altered;

    without the permission of the owner or exclusive licensee of the copyright; and

  (e)   the act referred to in paragraph   (b) will induce, enable, facilitate or conceal an infringement of the copyright.

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 .