http://www.iplawyer.co.nz/2013/03/05...-infringement/
Criminal liability
In addition, s 131 of the Copyright Act creates a criminal offence for making or dealing with infringing objects. The section has three distinct offences:
1. Where someone copies a work and makes that copy available for sale, knowing the object to be an infringing copy.
2. Where someone makes or possesses an object which they know will be used to make infringing copies for sale or hire or for use in the course of a business.
3. Where someone plays, shows or performs in public a work knowing that this will infringe copyright in the work.
The prosecution must prove the elements of the offence beyond reasonable doubt. This is higher than the standard in civil cases, where the plaintiff must prove the case on the balance of probabilities.
The maximum penalty for an offence against s 131 is a fine of up to $10,000 for every infringing copy, but not exceeding $150,000 in respect of the same transaction, or imprisonment for a term not exceeding 5 years. As with civil proceedings, an order for delivery up of the infringing material can be sought.
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Originally Posted by FJRider
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