page 24 Criminal Sanctions Article 64 Any willful infringement of the following committed unlawfully and in any way, for the purposes of commercial exploitation, shall be punished by imprisonment for a period Y of between two and six months and a fine of between ten thousand (10,000) and one hundred thousand (100,000) dirhams, or just one of these two penalties: H the copyright mentioned in Articles 9 and 10; • the rights of performers mentioned in Article 50; • the rights of phonogram producers mentioned in Article 51; • the rights of broadcasting organizations mentioned in Article 52. Willful infringements for the purposes of commercial exploitation shall mean: • any willful infringement of copyright or related rights which is not motivated, either directly or indirectly, by financial gain; • any willful infringement committed with the aim of obtaining commercial advantage or private financial gain. The same penalties specified in the first paragraph above, as well as additional measures and sanctions mentioned in Article 64.3 below, shall be applied to: • whoever imports or exports copies made in violation of the provisions of this Law; • whoever unlawfully carries out one of the acts mentioned in Article 7(1) of this Law; • whoever commits one of the acts mentioned in Article 65 of this Law; • whoever has been found legally liable under Article 65.4 of this Law. Article 64.1 In the case of persistent infringement, the penalties specified in Article 64 above shall be doubled. Article 64.2 If the perpetrator of one of the acts mentioned in Article 64 commits a new act that constitutes an infringement of copyright or related rights less than five years after a first judgment that has become final, he shall be punished by a term of imprisonment of between one and four years and a fine of between sixty thousand (60,000) dirhams and six hundred thousand (600,000) dirhams, or just one of these penalties. Article 64.3 In cases of infringement of the provisions of this Law, the competent court may order the following preventive measures and subsidiary penalties, provided that a prior order or judgment on the same subject has not already been issued against the same parties: 1. the impounding of all copies made in infringement of the provisions of this Law, the packaging, the materials and equipment that could be used to commit the infringement, the assets linked to the infringement and the documents, accounts or business papers referring to such copies; 24