CAP. 39]
Copyright
[1984 Ed.
[cf. 1956 c. 74, s. 40(4).]
Offences in connexion with infringing copies.
LN34/90
the work, adaptation or film in any programme caused to be transmitted by him to subscribers to that service by the reception of the broadcast. (Amended, 38 of 1974, s. 2)
(2) If, in the circumstances mentioned in subsection (1), the person causing the programme to be transmitted, infringed the copyright in question, by reason that the broadcast was not an authorized broadcast--
(a) no proceedings shall be brought against that person under the Act or this Ordinance in respect of his infringement of that copyright; but
(b) it shall be taken into account in assessing damages in any proceedings against the organization specified in the Schedule making the television broadcast or sound broadcast in respect of that copyright, in so far as that copyright was infringed by such organization in making the broadcast. (Added, 38 of 1974, s. 2)
(3) For the purposes of this section, a broadcast shall be taken, in relation to a work or cinematograph film, to be an authorized broadcast if, but only if, it is made by, or with the licence of, the owner of the copyright in the work or film.
5. (1) Without prejudice to section 21 of the Act, any person who for the purposes of trade or business has in his possession any infringing copy of a work or other subject matter in which copyright subsists under the Act or this Ordinance shall, unless he proves to the satisfaction of the court that he did not know and that he had no reason to believe that it was an infringing copy of any such work or other subject matter, be guilty of an offence and shall be liable on conviction to a fine of $1,000 in respect of each such infringing copy and to imprisonment for 12 months.
(2) Without prejudice to section 21 of the Act, any person who for the purposes of trade or business has in his possession any plate used or intended to be used for making an infringing copy of any work or other subject matter in which copyright subsists under the Act or this Ordinance shall, unless he proves to the satisfaction of the court that he did not know and that he had no reason to believe that the plate was used or intended to be used for making an infringing copy of any such work or other subject matter, be guilty of an offence and shall be liable on conviction to a fine of $50,000 and to imprisonment for 2 years.
(3) Where a person is charged with an offence under subsection (1) or (2) the court may, if it is satisfied that any article seized by an authorized officer under section 6 in connexion with the offence-
(a) is an infringing copy of a work or other subject matter in which copyright subsists under the Act or this Ordinance;
(b) is a plate which has been used, or is intended to be used, for making infringing copies of any such work or other subject matter; or