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(e) by way of trade, exhibits in public any infringing copy;
(f) imports into Zambia, otherwise than—
(i) for his private and domestic use; and
(ii) as items accompanying him on his entry into Zambia;
an infringing copy; or
(g) makes or has in his possession any article used or intended to be used for the
purpose of making infringing copies;
shall, unless he satisfies the Court that he had acted in good faith and had no reasonable
grounds for supposing that copyright would or might thereby be infringed, be guilty of an
offence and shall be liable—
(i) on a first conviction, to a fine not exceeding—
(a) fifty thousand penalty units; or
(b) ten penalty units for each infringing copy;
whichever is greater, or to imprisonment for a term not exceeding five years, or to both; or
(ii) on a subsequent conviction, to a fine not exceeding—
(a) one hundred thousand penalty units; or
(b) twenty penalty units for each infringing copy;
whichever is greater, or to imprisonment for a term not exceeding ten years, or to both.
(2) A person who makes or imports for sale or hire any article specifically designed or
adapted to circumvent the operation of a device or system designed or adapted to prevent or
control the reproduction of a recording of a work shall be guilty of an offence and shall be
liable on conviction to a fine not exceeding fifty thousand penalty units or to imprisonment
for a term not exceeding five years, or to both.
(3) A person who dishonestly receives a program included in a broadcast or in a cable
program service provided from a place in Zambia with intent to avoid payment of any charge
applicable to the reception of the program shall be guilty of an offence and shall be liable to a
fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding
five years or to both.
(4) Where a person is charged with an offence against this section, the court may,
whether or not he is convicted of the offence, order that any article in his possession which
appears to the court to be an infringing copy, or to be an article used or intended to be used for
making infringing copies or for the commission of an offence against this section, shall be
destroyed or delivered up to the owner of the copyright in question or otherwise dealt with as
the court thinks fit.
Presumption as to possession of copies
29. In any proceedings brought under this Act, a person who has his possession,
custody or control five or more infringing copies of a work in the same form shall be
presumed to be in possession of, or to have imported, the copies otherwise than for private or
domestic use.