(iii) by way of trade exhibits in public;
(iv) imports into Namibia for a purpose other than for his or her private or domestic use;
(v) distributes for purposes of trade; or
(vi) distributes for any other purpose, to such an extent that the owner of the copyright is
prejudicially affected, any article which he or she knows to be an infringing copy of the
work; or
(b) makes or has in his or her possession a plate knowing that it is to be used for making an
infringing copy of the work, shall be guilty of an offence.
(2) A person who causes(a) a literary or musical work to be performed in public, knowing that copyright subsists in
the work and that such performance constitutes an infringement of the copyright;
(b) a broadcast to be rebroadcast or transmitted in a diffusion service, knowing that copyright
subsists in the broadcast and that such rebroadcast or transmission constitutes an infringement
of the copyright;
(c) programme-carrying signals to be distributed by a distributor for whom they were not
intended, knowing that copyright subsists in the signals and that such distribution constitutes
an infringement of the copyright, shall be guilty of an offence.
(3) A person convicted of an offence under sub-section (1) or (2) shall(a) in the case of a first conviction, be liable to a fine not exceeding N$ 12 000 or to
imprisonment for a period not exceeding three years or to both such fine and such
imprisonment; or
(b) in the case of a second or any subsequent conviction, be liable to a fine not exceeding
N$20 000 or to imprisonment for a period not exceeding five years or to both such fine and
such imprisonment, in respect of each article to which the offence relates.
34 Provision for restricting importation of copies
(1) Subject to subsections (2) and (3), the owner of the copyright in any published work may
give notice in writing to the Commissioner for Customs and Excise referred to in section 1 B
of the Customs and Excise Act, 1964 (Act 91 of 1964) (in this section referred to as "the
Commissioner") (a) that he or she is the owner of the copyright in that work; and
(b) that he or she requests the Commissioner to treat as prohibited goods, during a period
specified in the notice, any copies of that work to which this section applies.
(2) The period specified in a notice under subsection (1) shall not extend beyond the end of
the period for which the copyright is to subsist.
(3) The Commissioner shall not be bound to act in terms of a notice under subsection (1)
unless the owner of the copyright furnishes the Commissioner with security, in such form and
for such amount as the Commissioner may require, for securing the fulfilment of any liability
and the payment of any expense which the Commissioner may incur by reason of the