§ 150 — Infringement by making device or providing service, etc., to access works communicated without authority

150.—(1) Subject to the provisions of this Act, copyright in a work is infringed by a person (X) if —(a)

the work is communicated to the public without the copyright owner’s authority;

(b)

X does any of the following acts (whether before or after the work is so communicated):(i)

makes a device to obtain a commercial advantage;

(ii)

deals commercially in a device;

(iii)

imports a device for the purpose of commercial dealing;

(iv)

distributes a device to an extent that will prejudicially affect the copyright owner;

(v)

offers to the public, or provides, a service —(A)

in exchange for payment; or

(B)

together with the sale of a device;

(c)

the device or service is capable of facilitating access to the work; and

(d)

X knows or ought reasonably to know that the device or service —(i)

is capable of facilitating access to works communicated to the public without the authority of their copyright owners; and

(ii)

has only a limited commercially significant purpose or use other than that capability.

(2) In this section —“device” includes a component of a device, and a computer program;

“service” includes a subscription service and the provision of information.

—(1) Subject to the provisions of this Act, copyright in a work is infringed by a person (X) if —(a)

the work is communicated to the public without the copyright owner’s authority;

(b)

X does any of the following acts (whether before or after the work is so communicated):(i)

makes a device to obtain a commercial advantage;

(ii)

deals commercially in a device;

(iii)

imports a device for the purpose of commercial dealing;

(iv)

distributes a device to an extent that will prejudicially affect the copyright owner;

(v)

offers to the public, or provides, a service —(A)

in exchange for payment; or

(B)

together with the sale of a device;

(c)

the device or service is capable of facilitating access to the work; and

(d)

X knows or ought reasonably to know that the device or service —(i)

is capable of facilitating access to works communicated to the public without the authority of their copyright owners; and

(ii)

has only a limited commercially significant purpose or use other than that capability.

(2) In this section —“device” includes a component of a device, and a computer program;

“service” includes a subscription service and the provision of information.