TPP final negotiated text – IP chapter
"Article QQ.H.7: {Criminal Procedures and Penalties}""Each Party shall provide for criminal procedures and penalties to be applied at least
in cases of willful trademark counterfeiting or copyright or related rights piracy on a
commercial scale. In respect of willful copyright or related rights piracy, “on a commercial
scale” includes at least:""(b) significant acts, not carried out for commercial advantage or financial gain,
that have a substantial prejudicial impact on the interests of the copyright or
related rights owner in relation to the marketplace 135,136.""135 It is understood that a Party may comply with subparagraph (b) by addressing such significant acts under
its criminal procedures and penalties for non-authorized uses of protected works, performances and
phonograms" (All emphasis Ed.) "in its domestic law."Does it mean the law is going to be:Sing a song on the birthday party, don't pay the copyright => you are a criminal?What are actually the "significant acts, not carried out for commercial advantage or financial gain,
that have a substantial prejudicial impact on the interests of the copyright or
related rights owner in relation to the marketplace"?