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Restriction on remedies in the case of architecture.
11.
(1) Where the construction of a building or other structure which infringes or which,
if completed, would infringe the copyright in some other work has been commenced, the
owner of the copyright shall Dot be entitled to obtain an interdict to restrain the construction
of such building or structure or to order its demolition.
(2) The other provisions of this Act which provide that an infringing copy of a work
'Shall be deemed to be the property of the owner of the copyright, or impose summary penalties,
--shall not ap-ply in any case to which this section applies.
Limitation ofactions.
12.
An action in respect of infringement of copyright shall not be commenced after
:the expiry of three years next after the infringement.
Offences.
13.
(I)
If any person knowingly
(a) makes for sale or hire any infringing. copy of a work in which copyright
subsists; or
-,
(b) sells or lets for hire) or by way of trade exposes or offers for sale or hire
any infringing copy of any such work; or
(c) distributes infringing copies of any such wor-k either for the purposes of
trade or to such an extent as to affect prej.udicially the owner of the COP)T
right; or
Cd) by way of trade exhibits in public any infringing copy of any such work;
(e) imports for sale or hire any infringing copy of any such work;
he shall be guilty of an offence and liable on conviction to a fine not exceeding four rand for
-every copy dealt with in contravention of this section, but not exceeding one hundred rand in
respect of the sam-e transaction; or, in .the case of a second or subsequent offence, either to
such
or to imprisonment for a term not exceeding two months.
nne
(2) If any person knowingly makes or has in his possession any plate for the purpose
-of making infringing copies of any work in which copyright subsists, or knowingly and for
his private profit causes any such work to be performed in public without the consent of the
.owner of the copyright, he shall be guilty of an offence and liable on conviction to a fine not
-exceeding one hundred rand or, in the case of a second or subsequent offence, either to such
fine or to imprisonment for a term not exceeding two months.
(3) The court before which any such proceedings are taken may, whether the alleged
-offender is convicted or not, order that all copies of tbe work or all plates in the 'possession
-of the alleged offender, which appear to it to be infringing copies or plates for the purpose
oaf making infringing copies, be destroyed or delivered up to the owner of the copyright or
otherwise dealt with as the court may think fit.
Appeal to High Court.
Any person aggrieved by a summary conviction of an offence under the foregoing
14.
--provisions of this Act may appeal to the High Court.