Private use and financial gain
September 12th, 2008, Tomasz RychlickiIn the US the No Electronic Theft Act (Pub. L. No. 105-147, 111 Stat. 2678 (Dec. 16, 1997)) introduced changes into 17 U.S.C § 101. Definitions.
The term “financial gain” includes receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works.
In Poland, we have judgment of the Appellate Court in Warsaw of 12 December 1995, act signature I ACr 590/95, published in OSA 1997, No 3, pos. 16, p. 32, saying:
Benefits are generally a part of the net profit achieved as a result of copyright infringement. The benefits are also the savings on expenses for copyright fees, if the copyright infringement was based on the use of work without a proper remuneration.
Interesting approaches in two different jurisdictions. The Republic of Poland is not common law country.