Commonwealth Numbered Acts Commonwealth Numbered Acts
1 At the end of section 115
Add:
Consideration for relief for electronic commercial infringement
(5) Subsection (6) applies to a court hearing an action for infringement of copyright if the court is satisfied that:
(a) the infringement (the proved infringement ) occurred (whether as a result of the doing of an act comprised in the copyright, the authorising of the doing of such an act or the doing of another act); and
(b) the proved infringement involved a communication of a work or other subject‑matter to the public; and
(c) because the work or other subject‑matter was communicated to the public, it is likely that there were other infringements (the likely infringements ) of the copyright by the defendant that the plaintiff did not prove in the action; and
(d) taken together, the proved infringement and likely infringements were on a commercial scale.
(6) The court may have regard to the likelihood of the likely infringements (as well as the proved infringement) in deciding what relief to grant in the action.
(7) In determining for the purposes of paragraph (5)(d) whether, taken together, the proved infringement and the likely infringements were on a commercial scale, the following matters are to be taken into account:
(a) the volume and value of any articles that:
(i) are infringing copies that constitute the proved infringement; or
(ii) assuming the likely infringements actually occurred, would be infringing copies constituting those infringements;
(b) any other relevant matter.
(8) In subsection (7):
"article" includes a reproduction or copy of a work or other subject-matter, being a reproduction or copy in electronic form.
2 Application
The amendment made by this Schedule applies to actions started after the commencement of this Schedule.