Originally Posted by sabredog
Quite a number of people have been charged selling pirate DVD's at flea markets around Australia, yet it is perfectly legal to bring copy DVD's and CD's in from Bali, Penang, Malaysia etc, purchased whilst on holidays.
That is also legal in the UK, as long as the copy is for your own private use.
However this only applied to physically importing it, it is an offence for someone to electronically transfer an infringing copying into or within the UK. It is also an offence to import a device designed to infringe copyright, and that does not have a personal-use exception.
In fact I think Harry's original claim:
Contrary to what some people seem to think, copyright infringement does not require a profit motive. The offence is still the same, regardless of whether you give it away for free, or charge for it.
is incorrect for the UK. There is a separate criminal offence, which requires at least one of the following:
- Copying for sale/hire/in the course of a business
- Copying on such a large scale as to prejudicially affect the copyright holder
- Communication to the public on the same bases as copying
Simply possessing, but not transmitting, an infringing copy would not cause this offence.