(4) A person who sustains any damage because of the infringement of his or her
rights under this Act may claim damages against the person responsible for the
infringement whether or not that person has been successfully prosecuted.
(5) Infringement is not actionable unless the infringement involves the whole
piece of work or a substantial part of the work.
46. Infringements of copyright
(1) Infringement of copyright or neighbouring right occurs where, without a
valid transfer, licence, assignment or other authorisation under this Act a person
deals with any work or performance contrary to the permitted free use and in
particular where that person does or causes or permits another person to—
(a) reproduce, fix, duplicate, extract, imitate or import into Uganda otherwise
than for his or her own private use;
(b) distribute in Uganda by way of sale, hire, rental or like manner; or
(c) exhibit to the public for commercial purposes by way of broadcast, public
performance or otherwise.
(2) The use of a piece of work in a manner prejudicial to the honour or
reputation of the author shall be deemed an infringement of the right of the owner of
the right.
47. Offences and penalty
(1) A person who, without the authorisation of or licence from the rights owner
or his or her agent—
(a) publishes, distributes or reproduces the work;
(b) performs the work in public;
(c) broadcasts the work;
(d) communicates the work to the public; or
(e) imports any work and uses it in a manner which, were it work made in
Uganda, would constitute an infringement of copyright;
commits an offence and is liable on conviction, to a fine not exceeding one
hundred currency points or imprisonment not exceeding four years or both.
(2) A person who contravenes the rights of a producer of sound recording or
audio-visual fixation, a broadcasting company or a producer of programme carrying
signals commits an offence and is liable on conviction to a fine not exceeding
twenty five currency points or imprisonment not exceeding on year or both.
(3) Where a work is communicated to the public on the premises of an occupier
or by the operation of any apparatus which is provided by or with any consent of the
occupier of those premises, the occupier shall be deemed to be the person
communicating the work to the public whether or not he or she operates the
apparatus.