Section 204
Criminal liability for making or dealing with infringing articles, etc.
(1)
A person commits an offence who, without the licence of the copyright owner –
(a)
makes for sale or hire;
(b)
possesses, has custody or control of, or imports otherwise than for his private and domestic use;
(c)
communicates the work to the public;
(d)
in the course of a business, possesses, with a view to committing any act infringing the copyright;
(e)
in the course of a business –
(i)
sells or lets for hire;
(ii)
offers or exposes for sale or hire;
(iii)
exhibits in public; or
(iv)
distributes; or
(f)
otherwise than in the course of a business, distributes to such an extent as to prejudicially affect the owner of the copyright, an article which is, and which he knows or has reason to believe is, an infringing copy of a copyright work.
(2)
A person commits an offence who –
(a)
makes an article specifically designed or adapted for making copies of a particular copyright work; or
(b)
has such an article in his possession, if he knew or had reason to believe that it was to be used to make infringing copies for sale or hire or for use in the course of a business.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
145
BLUV as at 24th December 2013
(3)
Where copyright is infringed, otherwise than by reception of a broadcast or cable programme –
(a)
by the public performance of a literary, dramatic or musical work; or
(b)
by the playing or showing in public of a sound recording or film, any person who caused the work to be so performed, played or shown is guilty of an offence if he knew or had reason to believe that copyright would be infringed.
(4)
Sections 106, 107 and 108 do not apply to proceedings for an offence under this section; but without prejudice to their application in proceedings for an order under section 209.
(5)
A person guilty of an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000 for the infringing copy of a work or for each infringing copy of a work in respect of which the offence was committed, imprisonment for a term not exceeding 5 years or both, and in respect of a second or subsequent offence, to a fine not exceeding $20,000 for the infringing copy of a work or for each infringing copy of a work in respect of which the offence was committed, imprisonment for a term not exceeding 10 years or both.
(6)
A person guilty of an offence against subsection (2) is liable on conviction to a fine not exceeding $20,000 for each infringing copy of a work in respect of which the offence was committed, imprisonment for a term not exceeding 10 years or both, and in respect of a second or subsequent offence, to a fine not exceeding $40,000 for each infringing copy of a work in respect of which the offence was committed, imprisonment for a term not exceeding 20 years or both.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
146
BLUV as at 24th December 2013