copyright
Is it punishable to purchase (knowingly) illegal copies where legal ones are not available?
<p>Rob has created some illegal copies (violating the copyright) and is (illegally) selling them.</p>
<p>Bob likes the content, and, unable to find any legal copies of the same content, buys from Rob.</p>
<p>I get it that the contract is null and void.</p>
<p>However, Bob, knowing all the above, still completes the transaction and enjoys the content. Does he commit any offense that can be punished?</p>
<p>Jurisdiction: anywhere you can answer about.</p>

<p><a href="/questions/tagged/canada" class="post-tag" title="show questions tagged &#39;canada&#39;" aria-label="show questions tagged &#39;canada&#39;" rel="tag" aria-labelledby="canada-container">canada</a></p>
<p>Bob is not committing any standalone copyright infringement unless he needs to make a further copy of the material in order to receive it (such as a download).</p>
<p>However, <em>Rob</em> is committing an offence punishable by indictment by making for sale an infringing copy (s. 42(1) of the <em>Copyright Act</em>.</p>
<p>If <em>Bob</em>, knowing that Rob is selling infringing copies, buys one of them, then Bob commits the offence of possessing a thing while knowing the thing was derived from the commission of an offence punishable by indictment (<em>Criminal Code</em>, s. 354).</p>
<p>(Credit to jcaron, who noted this and provided a similar answer for France.)</p>

<p><a href="/questions/tagged/united-states" class="post-tag" title="show questions tagged &#39;united-states&#39;" aria-label="show questions tagged &#39;united-states&#39;" rel="tag" aria-labelledby="united-states-container">united-states</a></p>
<p>In the United States, Bob has probably not even committed copyright infringement. However, if Bob, knowing that the copy (or copies) were infringing, distributes them (or it) to others, or makes additional copies, (or does other acts of infringement) then Bob has committed infringement. But this is usually only grounds for a civil suit, which could result in civil damages. It is not normally treated as a crime, even when it technically could be.</p>

<p><a href="/questions/tagged/france" class="post-tag" title="show questions tagged &#39;france&#39;" aria-label="show questions tagged &#39;france&#39;" rel="tag" aria-labelledby="france-container">france</a></p>
<p>In France, this would probably qualify as &quot;recel de contrefaçon&quot; (possession of goods obtained by crime), per <a href="https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000006418234" rel="noreferrer">Article 321-1 of the Penal Code</a>.</p>
<p>Note that this applies only if Bob knows it is an illegal copy.</p>
<p>The fact that it is not available does not make it legal, which is quite obvious when you consider that many works of art for instance are unique pieces, so if the current owner is not selling, it is not available, but making a copy would still be illegal, and owning a fraudulent copy is illegal as well.</p>

<p><a href="/questions/tagged/brazil" class="post-tag" title="show questions tagged &#39;brazil&#39;" aria-label="show questions tagged &#39;brazil&#39;" rel="tag" aria-labelledby="brazil-container">brazil</a></p>
<p>&quot;Receptação de Mercadoria Roubada&quot; LIT: &quot;Receipt of Stolen Merchandise&quot; is a felony. Despite the common term, the goods only need to be the product of a crime. They don't actually need to be stolen.</p>
<p><a href="https://www.planalto.gov.br/ccivil_03/decreto-lei/del2848compilado.htm" rel="noreferrer">Article 180 of the Brazilian penal code states</a>:</p>
<blockquote>
<p>Art. 180 - Acquire, receive, transport, carry, or hide, for the benefit of themselves or others, a thing that is known to be product of a crime, or to influence a third party to, in good faith, acquire, receive, or hide the article:</p>
<p>Penalty: One to Four years of imprisonment plus fine.</p>
</blockquote>
<blockquote>
<p>Art. 180 - Adquirir, receber, transportar, conduzir ou ocultar, em proveito próprio ou alheio, coisa que sabe ser produto de crime, ou influir para que terceiro, de boa-fé, a adquira, receba ou oculte:            (Redação dada pela Lei nº 9.426, de 1996)</p>
<p>Pena - reclusão, de um a quatro anos, e multa.</p>
</blockquote>
<p>Bob doesn't need to pay for the for the illegal copies of intellectual property to be guilty. The mere possession, transport, or the act of receiving it already constitutes a crime.</p>
<p>Crimes against intellectual property are codified in article 184, in <a href="https://www.planalto.gov.br/ccivil_03/decreto-lei/del2848compilado.htm" rel="noreferrer">the same link above</a>. Rob, if found guilty, can face between two and four years of imprisonment plus fines.</p>
