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objects protected by the related rights published in Madagascar or abroad shall be
punished with a fine of between FMG 100,000 and FMG 10,000,000 and/or
imprisonment of between six months and five years. The exporting and importing of
infringing works or objects protected by the related rights shall be punishable by the
same sanctions.
Article 144 – Any exploitation referred to in Title II, Chapter II of the law on literary
and artistic property or Book II concerning related rights, by any means whatsoever,
of an intellectual work or of an object protected by related rights in violation of
copyright or related rights as defined and regulated by law, also constitutes an
infringement of copyright.
Article 145 – Any fixation, reproduction, communication or distribution to the public,
whether free of charge or for a consideration, or any broadcast of a performance, of a
phonogram, of a videogram or of a programme made without the authorization,
where it is required, of the performer, the producer of the phonograms or videograms
or of the audiovisual communication company, shall be punished by imprisonment of
between six months and five years and/or a fine of between FMG 100,000 and FMG
10,000,000. Any importing or exporting of phonograms or videograms made without
the authorization of the producer or the performer, where such authorization is
required, shall be punished by the same penalties. Failure to pay the remuneration
due to the author, the performer or the producer of phonograms or videograms, for
private copying or for public communication, or for the broadcasting of phonograms,
shall be punished by the fine referred to in the first paragraph.
Article 146 – Where it is established that the guilty party has habitually performed
the acts referred to in the three preceding articles, the penalty shall be two to five
years’ imprisonment and/or a fine of between FMG 1,000,000 and FMG 20,000,000.
Article 147 – In the event of a repetition of the offences referred to in the four
preceding articles, the penalties incurred shall be doubled. In addition, the court may
order the definitive or temporary closure of the establishment operated by the
convicted person. Where this closure has been ordered, the staff must reserve
compensation equal to their salary, supplemented by all benefits in kind, during the
period of the closure, up to a maximum of six months. Where collective or individual
agreements provide for a higher amount of compensation after redundancy, that is
the sum that shall be payable. Any violation of the provisions of the two preceding
paragraphs shall be punished by imprisonment of between one and six months
and/or a fine of between FMG 75,000 and FMG 750,000. In the event of repeat
offending, the penalties shall be doubled.
Article 148 – In all the situations provided for in the five preceding articles, moreover,
the confiscation shall be imposed on the convicted persons of sums equal to the
amount of the share in the proceeds obtained by the infringement and that of all the
pirated or unlawfully reproduced phonograms, videograms, objects or copies and the
material specially installed for the commission of the offence.
At the request of the complainant the court may order the publication of the
conviction and sentence, either in full or extracts thereof, in the newspapers of his
choice and the posting of said judgments in the places indicated by him, in particular