Copyright Act, 2005
Act 690
(j) rentsor lendsto the public any work
where the personperforming theactknewor had reasonable grounds to knowthat
theaction induces, enables, facilitates orconceals aninfringement of anycopyright
or relatedrightprotectedunderthisAct withoutthe licenceor authorisation of the
person whoserightsareprotected underthisActor the agentof thatpersonwhose
rights areprotected, infringes theprotectedrights andcommits anoffence punishable
undersection 43 of thisAct.
.
Penalty for copyright offence
43. Apersonwhoinfringes a rightprotectedunderthisActcommits an offence
andisliable on summary conviction to afineof notmorethanonethousand penalty
units andnotlessthanfivehundred penalty units orto a termofimprisonment ofnot
more than three yearsor to both;andin the caseof a continuing offenceto afurther
fineofnotlessthantwenty-five penalty units andnot morethanonehundred penalty
unitsforeachday duringwhichtheoffencecontinues..
Offences related to folklore
44. (1) A person shall not sell, offer or expose for sale or distributionin the
Republic copiesof
(a) worksof folkloremadein or outsidethe Republic, or
(b) translations, adaptations, arrangements of folklore madeoutside the
Republic
without thepermission in writing of theNational FolkloreBoard.
(2) A personwhocontravenes thissection commitsanoffence andis liable
on summaryconvictionto a fineofnot more thanone thousandpenaltyunitsand
notlessthanonehundred andfifty penalty unitsor to a termofimprisonment ofnot
morethan three yearsor toboth;andin thecaseof acontinuing offenceto a further
fineof notlessthantwenty-five penalty unitsforeachday during whichtheoffence
continues.
Offences by body of persons
45. (1) Where an offenceis committedby a body of personsunder thisAct
(a) in the case of a body corporate other than a partnership, every
directoror secretary of the bodycorporateshallalso be deemedto
havecommitted theoffence, and
(b)' in the case of a partnership, every partner shall also be deemedto
havecommitted the ~ff~nce.
(2) A personshallnot be consideredto havecommittedan offenceunder
this sectionifthe person provesto the satisfaction of the court that the offencein
respectof which the person is charged w~s committed by someother personand
was withoutthe consentor connivanceof the personcharged andthat the person
charged exercised thediligence required-to prevent the commission of thatoffence
thatthatpersonoughtto haveexercised havingregard to thecircumstances.
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