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In addition, the court may order the closure, either temporary – for a period not exceeding
five (05) years – or permanent, of the establishment operated by the offender.
Where such closure has been ordered, the staff shall receive compensation equal to their
salary, supplemented by all benefits in kind, during the period of the closure, up to a
maximum of six months.
Where collective or individual agreements provide for a higher amount of compensation
after redundancy, that is the sum that shall be payable.
Any infringement of the provisions of the first two paragraphs of the present Article shall
be punished by imprisonment for a term of one (01) to six (06) months and/or a fine of
five hundred thousand (500,000) to one million (1,000,000) francs.
In the event of a repeat offense, the penalties shall be doubled.
ARTICLE 115 In the cases provided for in Articles 110 to 114 of the present Law, the
court may order the confiscation of all or part of the revenue obtained as a result of the
infringement, and also the confiscation and destruction of all infringing or unlawfully
reproduced copies, and of equipment installed for the purpose of committing the offense.
It may also order the display of the judgment pronouncing the conviction and the
publication thereof in full or in the form of extracts in the newspapers, at the offender's
expense.
ARTICLE 116 In the cases provided for in Articles 110 to 115 of the present Law, the
equipment, infringing objects and revenue that have been confiscated shall be handed
over to the collective management organization in order to compensate the creators of
works of the mind for the damage done to them.
ARTICLE 117 Any natural or legal person shall be considered liable for unlawful
reproduction or communication to the public punishable under Article 112 of the present
Law, where he has allowed the reproduction or communication to the public, in his
establishment or in facilities under his responsibility, of works of the mind protected
under the present Law, without first having sought and received communication of
authorization from the collective management organization.
Any person who contributed materially to the commission of the infringement, whether
acting on instructions or not, shall be considered an accomplice.
ARTICLE 118 Anyone who exploits a work of folklore or the right to perform a work
that has fallen into the public domain and who fails to declare this in advance to the
collective management organization in accordance with Article 57 of the present Law
shall be punished with a fine equal to double the amount of revenue usually due.