| Commentary

41.1 Importing infringing copy

| Commentary

41 Secondary infringement—acts restricted by copyright in a work

Secondary infringement involves essentially the commercial dealing with infringing copies1 or articles or the means for making them. The distinction between primary and secondary infringement carries with it different standards of proof. Whereas a person can be liable for a primary infringement even if he has no actual knowledge nor any reason to believe that he is infringing copyright (although he may not be liable for damages), a person can only be liable for a secondary infringement involving the dealing in infringing copies if he knows or has reason

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