Page:Copyright Amendment Act 1984 from Government Gazette.djvu/4

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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 civil or criminal proceedings by virtue of this Chapter with regard to the alleged infringement of the copyright in a cinematograph film, it shall be presumed, until the contrary is proved, that any person trading in the selling, letting or distribution of copies of cinematograph films and who was found in possession of a reproduction or adaptation of such a cinematograph film, sold or let for hire or by way of trade offered or exposed for sale or hire such reproduction or adaptation.”.

Amendment of section 27 of Act 98 of 1978.

11. Section 27 of the principal Act is hereby amended―

(a)

by the substitution for subsection (1) of the following subsection:

“(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, or, in the case where such work consists of a cinematograph film registered in terms of the Registration of Copyright in Cinematograph Films Act, 1977 (Act No. 62 of 1977), articles which are reproductions or adaptations of the cinematograph film, shall be guilty of an offence.”;

(b)

by the substitution for subsection (6) of the following subsection:

“(6) A person convicted of an offence under subsection (1) shall be liable―

(a)

in the case of a first conviction, to a fine not exceeding five [hundred] thousand rand or to imprisonment for a period not exceeding [six months] 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 [one] ten thousand rand or to imprisonment for a period not exceeding [one year] five years or to both such fine and such imprisonment, for each article to which the offence relates:

Provided that the total fine or the total period of imprisonment imposed by virtue of this subsection shall not exceed [ten] fifty thousand rand or ten years, as the case may be, in respect of articles comprised in the same transaction.”; and

(c)

by the addition of the following subsection:

(8) (a) In the case of a conviction of a person of an offence in terms of subsection (1) in respect of the copyright in a cinematograph film the court may in its discretion, in addition to any other penalty which it may impose under subsection (6), prohibit that person from a date and for a period determined by a court, from carrying on, or having any direct or indirect financial interest in, or deriving any direct or indirect financial benefit