Skip to content
In force2020 Revised Edition
Contents

Part 2 · Interpretation

99. What is a flagrantly infringing online location

Feedback & support
(1)

A “flagrantly infringing online location” is an online location that has been or is being used to flagrantly commit or facilitate rights infringements.

(2)

In deciding whether an online location is a flagrantly infringing online location, the following matters must be considered and the appropriate weight must be given to them:

(a)

whether the primary purpose of the online location is to commit or facilitate rights infringements;

(b)

whether the online location makes available or contains directories, indexes or categories of the means to commit or facilitate rights infringements;

(c)

whether the owner or operator of the online location demonstrates a general disregard for copyright or the protection of performances;

(d)

whether access to the online location has been disabled by orders from any court of another country or territory on the ground of or related to rights infringements;

(e)

whether the online location contains guides or instructions to circumvent measures, or any order of any court, that disable access to the online location on the ground of or related to rights infringements;

(f)

the volume of traffic at or frequency of access to the online location;

(g)

any other relevant matters.

Report

Part 3

Copyright in Works

Part 4

Protection of Performances

Part 5

Permitted Uses of Copyright Works and Protected Performances

Part 6

Remedies for and Border Enforcement Measures Against Rights Infringements

Part 7

Additional Rights Relating to Copyright Works and Protected Performances

Part 8

Offences

Part 9

Regulation of Collective Management Organisations

Part 10

Copyright Tribunals

Part 11

Miscellaneous

Part 12

Transitional