15
made by means of the symbol 'P' in conjunction with the
year and place in question.
(8) ......
(9) In any proceedings by virtue of this Chapter with regard to the alleged infringement of the copyright in a
cinematograph film registered in terms of the Registration of Copyright in Cinematograph Films Act, 1977 (Act 62 of
1977), it shall be presumed(a)
that every party to those proceedings had knowledge of the particulars entered in the register of copyright
mentioned in section 15 of the said Act from the date of the lodging of the application in question to
record those particulars;
(b)
that the person who is alleged to have done an act which infringes the relevant copyright did that act
without the required authority, unless the contrary is proved.
(10) In any proceedings by virtue of this Chapter with regard to the alleged infringement of the copyright in a
cinematograph film, a sound recording or a computer program, it shall be presumed, until the contrary is proved, that any
person trading in the selling, letting or distribution of copies of any of the said works, and who was found in possession of a
copy of any of such works, sold or let for hire or by way of trade offered or exposed for sale or hire such copy.
(11) Where in any proceedings by virtue of this Chapter with regard to the alleged infringement of the copyright in
a work it is proved that the person alleged to have done an act which allegedly infringes the relevant copyright did such act
without the authority of the exclusive licensee, it shall be presumed, unless the contrary is proved, that the relevant act was
done also without the authority of the owner of the copyright concerned.
(12) (a) In any proceedings by virtue of this Chapter relating to the alleged infringement of the copyright in a
work, evidence to prove(i)
the subsistence of the copyright in that work; or
(ii)
the title of any person in respect of such copyright, whether by way of ownership or licence,
may be adduced by way of affidavit, and the mere production of such affidavit in such proceedings shall be prima facie
proof of the relevant facts.
(b) The court before which an affidavit referred to in paragraph (a) is produced, may in its discretion order the
person who made the affidavit to be subpoenaed to give oral evidence in the proceedings in question, or may cause written
interrogatories to be submitted to such person for reply, and any reply purporting to be a reply from such person, shall
likewise be admissible in evidence in such proceedings.
[S. 26 amended by s. 3 of Act 66 of 1983, by section 10 of Act 52 of 1984 and by s. 3 (1) of Act 13 of 1988 and substituted
by s. 23 of Act 125 of 1992.]
27
Penalties and proceedings in respect of dealings which infringe copyright
(1) Any person who at a time when copyright subsists in a work, without the authority of the owner of the
copyright(a)
makes for sale or hire;
(b)
sells or lets for hire or by way of trade offers or exposes for sale or hire;
(c)
by way of trade exhibits in public;
(d)
imports into the Republic otherwise than for his private or domestic use;
(e)
distributes for purposes of trade; or
(f)
distributes for any other purposes to such an extent that the owner of the copyright is prejudicially
affected,
articles which he knows to be infringing copies of the work, shall be guilty of an offence.
[Sub-s. (1) substituted by s. 11 (a) of Act 52 of 1984 and by s. 3 of Act 61 of 1989.]
(2) Any person who at a time when copyright subsists in a work makes or has in his possession a plate knowing
that it is to be used for making infringing copies of the work, shall be guilty of an offence.
(3) Any person who causes a literary or musical work to be performed in public knowing that copyright subsists in
the work and that performance constitutes an infringement of the copyright, shall be guilty of an offence.
(4) Any person who causes 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,
shall be guilty of an offence.
(5) Any person who causes 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.
(6) A person convicted of an offence under this section shall be liable (a)
in the case of a first conviction, to a fine not exceeding five thousand rand or to imprisonment for a period
not exceeding three years or to both such fine and such imprisonment, for each article to which the
offence relates;
(b)
in any other case, to a fine not exceeding ten thousand rand or to imprisonment for a period not exceeding
five years or to both such fine and such imprisonment, for each article to which the offence relates.