Criminal copyright infringement
Do not forget that ‘innocent’ infringement is still infringement. In other words, claiming that you did not know that you were infringing copyright will not prevent an interdict. It will help, however, when it comes to damages — we discussed this in the section on Remedies for infringement.
There is certain conduct which can open you up to criminal prosecution. If you know that what you are doing is an infringement, or involves dealing with goods that you know to be an infringement of copyright, this is an offence. Here are the more relevant scenarios.
- To make (for sale or hire) articles which you know to be infringing copies of the work in which copyright subsists.
- To do any of the following in relation to such articles:
- sell, or rent them out;
- exhibit them in public for trade;
- import them into the Republic otherwise than for your private use; or
- distribute them for purposes of trade.
- If you have in your possession any storage medium, or version of a work, knowing that it is to be used for making infringing copies of the work.
- To cause a literary or musical work to be performed in public, knowing that (a) copyright subsists in the work, and (b) the performance constitutes an infringement of the copyright.
- If you cause a broadcast to be rebroadcast (or transmitted in a diffusion service) knowing that (a) copyright subsists in the broadcast and (b) such a rebroadcast or transmission constitutes an infringement of the copyright.
Read section 27 of the Copyright Act.