Online Copyright Infringement amendment

27 Offences: infringing copyright and making available right

Clause 27, page 28, line 18, leave out “loss” and insert “commercial scale loss”

Clause 27, page 28, line 20, leave out “risk of loss” and insert “serious risk of causing commercial scale loss”

Explanatory note: This amendment would introduce thresholds for criminal liability to avoid prosecution of non-commercial infringers. The Agreement in Trade-Related Aspects of Intellectual Property Rights (TRIPS) defines criminal infringement as “on a commercial scale”.