Section 192
Section 192
(1)
The rights of a person having recording rights in relation to a performance are infringed by a person who, without his consent or, in the case of a qualifying performance, that of the performer –
(a)
imports otherwise than for his private and domestic use; or
(b)
in the course of a business, possesses, sells, lets for hire, offers or exposes for sale or hire, or distributes, a recording of the performance which was, and which that person knew or had reason to believe was, an illicit recording.
(2)
Where in an action for infringement of those rights brought under this section a defendant shows that the illicit recording was innocently acquired by him or a predecessor in title of his, the only remedy available against him in respect of the infringement is damages not exceeding a reasonable payment in respect of the act complained of.
(3)
In subsection (2), “innocently acquired” means that the person acquiring the recording did not know, and had no reason to believe, that it was an illicit recording.
Exceptions to rights conferred
Acts permitted notwithstanding rights conferred by this Part.