Section 205
Criminal liability for making, etc illicit recordings. [S 92/2013]
(1)
A person commits an offence who, without sufficient consent –
(a)
makes for sale or hire;
(b)
possesses, has custody or control of, or imports otherwise than for his private and domestic use;
(c)
makes available to the public;
(d)
in the course of a business, possesses, with a view to committing any act infringing the rights conferred by this Part; or
(e)
in the course of a business –
(i)
sells or lets for hire;
(ii)
offers or exposes for sale or hire; or
(iii)
distributes, a recording which is, and which he knows or has reason to believe is, an illicit recording.
(2)
A person commits an offence who causes a recording of a performance made without sufficient consent to be –
(a)
shown or played in public; or
(b)
broadcast or included in a cable programme service, thereby infringing any of the rights conferred by this Part, if he knew or had reason to believe that those rights are thereby infringed.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
147
BLUV as at 24th December 2013
(3)
In subsections (1) and (2), “sufficient consent” means –
(a)
in the case of a qualifying performance, the consent of the performer;
and
(b)
in the case of a non-qualifying performance subject to an exclusive recording contract –
(i)
for the purpose of paragraph (a) of subsection (1), the consent of the performer or the person having recording rights; and
(ii)
for the purpose of paragraphs (b), (c) and (d) of subsection (1), and of subsection (2), the consent of the person having recording rights.
The references in this subsection to the person having recording rights are to the person having those rights at the time the consent was given or, if there is more than one such person, to all of them.
Second Schedule.
(4)
No offence is committed under subsections (1) or (2) by the commission of an act which under any provision of the Second Schedule may be done without infringing the rights conferred by this Part.
(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 any other offence against this section is liable on conviction to a fine not exceeding $25,000, imprisonment for a term not exceeding 3 years or both.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
148
BLUV as at 24th December 2013