Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Interpretation of this Division
408. In this Division —“protected copy” means —(a) a copyright work or a copy of the work; or (b) a recording of a protected performance; “rights owner”, in relation to a copyright, includes any exclusive licensee of the copyright.
Interpretation: what is rights management information
409. In this Division, “rights management information”, in relation to a protected copy —(a) means any of the following:(i) information that identifies the copyright work or protected performance; (ii) information that identifies —(A) if the protected copy is an authorial work — the copyright owner or the author; (B) if the protected copy is a work other than an authorial work — the copyright owner; or (C) if the protected copy is a recording of a protected performance — the rights owner or the performer; (iii) information about the terms and conditions of use of the copy; (iv) any numbers or codes that represent the information mentioned in sub‑paragraph (i), (ii) or (iii); but (b) excludes any information relating to a user of the copy, including the name, account, address, or other contact information, of the user.
Application
410.—(1) This Division applies where rights management information in an electronic form —(a) is attached to or embodied in a protected copy; or (b) appears in connection with the communication or making available to the public of any protected copy. (2) This Division does not apply to anything done in relation to a protected copy after the expiry of the relevant copyright or protection period, as the case may be. (3) This Division does not apply to anything done for the service of the Government.
Prohibition on removing or altering rights management information
411. A person infringes this section if the person —(a) knowingly removes or alters any rights management information relating to a protected copy; (b) does so without the rights owner’s authority; and (c) knows or ought reasonably to know that the removal or alteration of the rights management information will induce, enable, facilitate or conceal a rights infringement relating to the protected copy.
Prohibition on dealing with altered rights management information
412. A person infringes this section if the person —(a) distributes, or imports for distribution, any rights management information that —(i) relates to a protected copy; and (ii) has been altered without the rights owner’s authority; (b) does so without the rights owner’s authority; (c) does so knowing that the rights management information has been altered without the rights owner’s authority; and (d) knows or ought reasonably to know that doing so will induce, enable, facilitate or conceal a rights infringement relating to the protected copy.
Prohibition on dealing with protected copies after rights management information altered or removed
413. A person infringes this section if —(a) the rights management information relating to protected copies has been removed or altered without the rights owner’s authority; (b) the person —(i) distributes those copies; (ii) imports those copies for distribution; (iii) communicates those copies to the public; or (iv) makes those copies available to the public; and (c) the person —(i) does so without the rights owner’s authority; (ii) does so knowing that the rights management information has been removed or altered without the rights owner’s authority; and (iii) knows or ought reasonably to know that doing so will induce, enable, facilitate or conceal a rights infringement relating to the protected copies.
Action for infringement
414. The rights owner of a protected copy may bring an action in the Court against any person who infringes any provision of this Division in relation to the protected copy.
Limitation of action
415. An action may not be brought in respect of an infringement of any provision of this Division more than 6 years after the infringement takes place.
Remedies
416.—(1) Subject to this section, the remedies that the Court may grant for an infringement of any provision of this Division include —(a) an injunction (which may be subject to terms); (b) damages; (c) an account of profits; (d) if the claimant so elects, statutory damages; and (e) an order that an offending article in the defendant’s possession or before the court be —(i) delivered up and forfeited to the rights owner; (ii) destroyed; or (iii) otherwise dealt with. (2) Subject to subsection (3), the remedies in subsection (1)(b), (c) and (d) are mutually exclusive. (3) Where the Court orders damages (with or without additional damages) under subsection (1)(b) in respect of an infringement of a provision of this Division, the Court may also order an account of profits attributable to the infringement, but only insofar as the profits have not been taken into account in computing those damages. (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 —(a) a non‑profit library or archive; (b) an educational institution; (c) an institution aiding persons with print disabilities; (d) an institution aiding persons with intellectual disabilities; or (e) a public and non‑commercial broadcasting organisation that is prescribed. (3) A person who commits an offence under subsection (1) shall be liable on conviction —(a) for an infringement of section 411, to a fine not exceeding $20,000; and (b) for an infringement of section 412 or 413, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
Power to deal with protected copies, etc., in proceedings under section 417
418.—(1) This section applies where —(a) a person is charged for an offence under section 417 in a court (whether or not the person is convicted); and (b) there is before the court or in the person’s possession an article that appears to be —(i) a protected copy from which the rights management information has been removed or altered without the rights owner’s authority; or (ii) mainly used for removing or altering the rights management information relating to a protected copy. (2) The court may order that the article be —(a) delivered up and forfeited to the rights owner concerned; (b) destroyed; or (c) otherwise dealt with.
Powers of entry, search and seizure
419.—(1) Information may be given on oath to a court that there is reasonable cause to suspect that an article or a document —(a) is located at any premises; and (b) is evidence that an offence under section 417 has been committed. (2) If information is given under subsection (1), the court may issue a warrant authorising a police officer (either with or without conditions) —(a) to enter and search the premises for articles and documents specified (either specifically or in any general category) in the warrant; and (b) if any articles or documents so specified are found at the premises — to seize them. (3) In this section and section 420, “document” means anything in which information of any description is recorded.
Disposal of seized evidence
420.—(1) This section applies where —(a) an article or a document is seized under section 419; and (b) either —(i) no proceedings are brought for an offence under section 417 within 6 months of the seizure; or (ii) in the case of a seized article — proceedings are brought for an offence under section 417, but no order is made under section 418 in respect of the article. (2) The article or document must be —(a) returned to the person who was in possession of the article or document when it was seized; or (b) if it is not practicable to so return the article or document — disposed of in accordance with section 108 of the Police Force Act 2004 (disposal of lost or unclaimed property deposited with police).
Other rights not affected
421. This Division does not affect any provision of this Act providing for —(a) any copyright in a work; (b) any other right in relation to a performance or a recording of the performance; (c) any limitation on the rights in paragraph (a) or (b); or (d) any defence to an action for a rights infringement.
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
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