Part 4: Intellectual property Section 32: Offences: infringing copyright online and making available right
Sections 107 (2A) and 198 (1A) of the 1988 Act provided a maximum two-year sentence for online copyright infringement and infringement of a performer’s making available right. The Act amends the maximum sentence for both offences to ten years. The Act also amends offence provisions to introduce an additional mens rea so that a person must either intend to make a monetary gain for himself or another, or know or have reason to believe that his actions will cause loss to the owner of the right or expose the owner to a risk of loss. The Act also replaces the pre-existing concept of ‘prejudicial effect’ with more precise notions of "gain" and "loss" in money.