What are the penalties for infringing copyright in Australia?

In Plain English

Removing or changing electronic rights information: If you remove or alter electronic information that manages copyright and then distribute, import, or communicate the work for commercial gain, knowing that it will lead to copyright infringement, you could face serious penalties, including large fines and imprisonment.
Importing infringing copies for commercial purposes: Importing fake or pirated copies of copyrighted material with the intention to sell or distribute them for profit can also result in substantial fines and jail time.
Other infringements: Exhibiting infringing copies in public for commercial advantage can lead to fines.

The severity of the penalties varies depending on whether the offense is treated as an indictable offence (more serious, potentially leading to a trial) or a summary offence (less serious, dealt with more quickly). Strict liability offences also exist, where you can be found guilty regardless of your intent or knowledge.

Detailed Explanation

The Copyright Act 1968 outlines various offences and penalties related to copyright infringement. Here's a breakdown based on the provided context:

Section 141 - Dealing with Electronic Rights Management Information:
- Indictable Offence (s141(1)): If a person distributes, imports, or communicates a copyrighted work for commercial gain, without permission, and knowing that electronic rights management information has been removed or altered without permission, and that this act will induce, enable, facilitate, or conceal copyright infringement, they can face a fine of up to 550 penalty units, imprisonment for up to 5 years, or both. Corporations may be fined up to 5 times the maximum amount as per subsection 4B(3) of the Crimes Act 1914.
- Summary Offence (s141(3)): If the same actions are performed, but the person is negligent as to whether the act will induce, enable, facilitate, or conceal copyright infringement, the penalty is up to 120 penalty units, imprisonment for up to 2 years, or both.
- Strict Liability Offence (s141(5)): If a person distributes, imports, or communicates a copyrighted work in preparation for or during trading or for commercial gain, without permission, and electronic rights management information has been removed or altered without permission, and that this act will induce, enable, facilitate, or conceal copyright infringement, the penalty is 60 penalty units.
Section 132AH - Importing Infringing Copy Commercially:
- Indictable Offence (s132AH(1)): Importing an infringing copy of a work with the intention of selling, hiring, or distributing it for commercial gain, or to an extent that prejudicially affects the copyright owner, is punishable by a fine of up to 650 penalty units, imprisonment for up to 5 years, or both. Corporations may be fined up to 5 times the maximum amount as per subsection 4B(3) of the Crimes Act 1914.
- Summary Offence (s132AH(3)): If the same actions are performed, but the person is negligent as to the fact that the article is an infringing copy and that copyright subsists in the work, the penalty is up to 120 penalty units, imprisonment for up to 2 years, or both.
- Strict Liability Offence (s132AH(5)): Importing an infringing copy in preparation for or during selling, hiring, or distributing it for commercial gain is punishable by a fine of 60 penalty units.
Section 132AS - Distributing or Importing Electronic Rights Management Information:
- Indictable Offence (s132AS(1)): Distributing or importing electronic rights management information for commercial gain, without permission, knowing that the information has been removed or altered without permission, and that this act will induce, enable, facilitate, or conceal copyright infringement, is punishable by a fine of up to 550 penalty units, imprisonment for up to 5 years, or both. Corporations may be fined up to 5 times the maximum amount as per subsection 4B(3) of the Crimes Act 1914.
Exhibiting Infringing Copies (s418(7) & s418(8)): Exhibiting an infringing copy in public, either for commercial advantage or in preparation for obtaining commercial advantage, is a strict liability offence punishable by a fine of 60 penalty units.

The Copyright Regulations 2017 define "infringing article" and "infringing device" in relation to strict liability offences against Division 5 of Part V of the Copyright Act 1968 (except subsections 132AQ(5), 132AR(5) and 132AS(5)).

It's important to note that the Copyright Amendment (Online Infringement) Act 2015 and the Copyright Amendment (Online Infringement) Act 2018 introduced measures to address online copyright infringement, primarily through injunctions against carriage service providers and online search engine providers to block access to infringing online locations. These acts do not directly specify penalties for individual infringers but provide mechanisms to limit access to infringing content.