Document ID: chunk:federal_register_of_legislation:C2024C00854:section:115:p2
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 115 (pt 2/2)
Character Range: 333747–334748

likely infringements) of the copyright by the defendant that the plaintiff did not prove in the action; and
 (d) taken together, the proved infringement and likely infringements were on a commercial scale.
 (6) The court may have regard to the likelihood of the likely infringements (as well as the proved infringement) in deciding what relief to grant in the action.
 (7) In determining for the purposes of paragraph (5)(d) whether, taken together, the proved infringement and the likely infringements were on a commercial scale, the following matters are to be taken into account:
 (a) the volume and value of any articles that:
 (i) are infringing copies that constitute the proved infringement; or
 (ii) assuming the likely infringements actually occurred, would be infringing copies constituting those infringements;
 (b) any other relevant matter.
 (8) In subsection (7):
article includes a reproduction or copy of a work or other subject‑matter, being a reproduction or copy in electronic form.