Copyright and Neighbouring Rights

No. 7

shall be such an amount as would have
constituted an equitable remuneration
had the right been granted by contract.
of such

Payment

damages shall

constitute the injured party's consent to
a utilization within customary limits.

offences and legal
sanctions

Without prejudice to the.

42.-(l)

remedies available under section 36,
any person who knowingly violates, or
causes

to

be

violated,

the

rights

protected under this Act shall be liable
to(a) a fine of not exceeding more
thanfive million shillings or to
imprisonment for a term not
exceeding three years or to
both, for the first offence if
the infringement was on a
commercial basis; and

1999 83

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