(ii)
(b)
Permits for profit any place to be used for the performance of the work in
public where such performance constitutes an infringement of the copyright
in the work unless he was not aware and had no reasonable ground for
believing that such performance would be an infringement of copyright, or
When any person
(i)
makes for sale or hire or sells or lets for hire, or by way of trade displays or
offers for sale or hire, or
(ii)
distribute either for the purpose of trade or to such an extent as to affect
prejudiciaJly the owner of the copyright, or
(iii)
by way of trade exhibits in public, or
(iv)
imports into Liberia any infringing copies of the work.
Provided that nothing is sub-section (iv) shall apply to the import of two copies of any work,
other than an audiovisual work or record, for the private and domestic use of the importer.
For the purpose of this Section, the reproduction of a literary, dramatic musical or artistic
work in the form of an audiovisual work shall be deemed to be infringing copy.
SECTION:
(a)
2.41
PROCEDURES
ISSUANCE OF WARRANT OF ARREST UPON COMPLAINT
Whenever a complaint is referred before the Copyright Commission charging that an
offense has been committed and it appears from the contents of the complaint and
examination, under oath or affirmation of the complaint, or the witnesses, if any, that
there is reasonable ground to believe that an offense has been committed and that the
person against whom the complaint was made has committed the offense, the
Commission shall seek judicial intervention for the issuance of warrant of arrest in
keeping with the criminal procedure law of Liberia.
(b)
Nothing in this section however, shall be so construed as to prevent the copyright
owner from bringing an action for damages against the infringer of his work or from
instituting any other applicable civil remedy.
SECTION:
2.42
REMEDIES
1.
The Commission shall with the aid of the court of law, and subject to the provisions
of Section 2.47 (2), (3), (4) & (5) cause to be issued an Injunction, Temporary
Restraining Orders, Writ of Arrest, Search and Seizure and "ne exeat Republica" on
terms as it may deem reasonable to prevent or restrain infringement of copyright.
II.
IMPOUNDING AND DISPOSITION OF INFRINGING ARTICLES:
I.
At any time while an action under this Chapter is pending, the Commission
may order the impounding of all copies or sound recordings claimed to have
been infringed upon in violation of the copyright owner's exclusive rights,
and of all plates, molds, matrices, masters, tapes, film negatives, or other
39
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