[LINK] On-the-spot copyright fines only for illegal traders?

[Brendan Scott]

Roger Clarke wrote:
> Ruddock's Letter to the Editor of The Sydney Morning Herald
> Thursday 16 November 2006
> http://www.smh.com.au/text/articles/2006/11/15/1163266633263.html
> 
> You reported that "copyright offences will now attract criminal
> penalties" because of the Government's proposed copyright amendments
> ("Soon your recordings will be a crime", November 14).
> 
> This is misleading. Copyright offences already attract criminal
> penalties. The Government is introducing a new penalty of "on-the-spot
> fines" for existing offences, instead of court fines or jail terms, to
> provide practical enforcement options. The fines are aimed at
> market-stall operators selling pirated copyright material, not to
> "trick" consumers.
> 
> Philip Ruddock Attorney-General, Canberra

Does anyone know how, assuming these provisions are introduced, they would be implemented in practice?

Surely it will be open to a street trader to challenge the issue of the fine.  It would seem logical for them to also put in question both the fact of infringement (which in turn requires proof of copyright ownership).  How is the prosecution going to prove that the trader is exposing an infringing copy for sale?  Will they subpoena the copyright owner's records/(executives?) to work it out for themselves?


Brendan