446. Making or possessing article capable of making infringing copies

at any time when copyright subsists in a work, the person makes or possesses an article specifically designed or adapted for making infringing copies of the work; and

the person knows or ought reasonably to know that the article is to be used to make infringing copies of the work for the purpose of commercial dealing.

at any time during the protection period of a performance, the person makes or possesses an article specifically designed or adapted for making infringing copies of the performance; and

the person knows or ought reasonably to know that the article is to be used to make infringing copies of the performance for the purpose of commercial dealing.