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Amendments to Copyright Legislation Section 136
The new Section 136(3A) provides criminal penalties for wilful copyright infringement, in the case where the extent of infringement is significant, and/or where the person does the act to obtain a commercial advantage. For the first case, the new Section lists factors to assist the Court in determining if the extent of an infringement is significant – these include the volume of articles that are infringing copies, the value of these infringing copies, and whether the infringement has a substantial prejudicial impact on the copyright owner. For the second case, new section 136(6B) defines the element of commercial advantage. Since in either case, a significant infringement, or an infringement linked to a business or trade is involved, and both the extent of harm and the degree of culpability are sizeable, such infringements will attract criminal penalties.

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