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Chapter 13
Offences: Copyright
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Offences.
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140.—(1) A person who, without the consent of the copyright owner—
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(a) makes for sale, rental or loan,
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(b) sells, rents or lends, or offers or exposes for sale, rental or loan,
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(c) imports into the State, otherwise than for his or her private and domestic use,
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(d) in the course of a business, trade or profession, has in his or her possession, custody or control, or makes available to the public, or
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(e) otherwise than in the course of a business, trade or profession, makes available to the public to such an extent as to prejudice the interests of the owner of the copyright,
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a copy of a work which is, and which he or she knows or has reason to believe is, an infringing copy of the work, shall be guilty of an offence.
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(2) In this section “loan” means a loan for reward and in particular does not include a loan to a family member or friend for private and domestic use, and “lends” shall be construed accordingly.
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(3) A person who—
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(a) makes,
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(b) sells, rents or lends, or offers or exposes for sale, rental or loan,
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(c) imports into the State, or
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(d) has in his or her possession, custody or control,
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an article specifically designed or adapted for making copies of a work, knowing or having reason to believe that it has been or is to be used to make infringing copies, shall be guilty of an offence.
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(4) A person who—
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(a) (i) makes,
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(ii) sells, rents or lends, or offers or exposes for sale, rental or loan,
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(iii) imports into the State, or
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(iv) has in his or her possession, custody or control,
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a protection-defeating device, knowing or having reason to believe that it has been or is to be used to circumvent rights protection measures, or
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(b) provides information, or offers or performs any service, intended to enable or assist a person to circumvent rights protection measures,
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shall be guilty of an offence.
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(5) Where copyright is infringed by—
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(a) the public performance of a literary, dramatic or musical work,
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(b) the playing or showing in public of a sound recording, artistic work, original database or film, or
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(c) broadcasting a work or including a work in a cable programme service,
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the person who caused the work to be so performed, played, broadcast, included in a cable programme service or shown shall be guilty of an offence where he or she knew or had reason to believe that the copyright in the work would be infringed.
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(6) An offence shall not be committed under subsection (1) or (5) by the undertaking of an act which under this Part may be undertaken without infringing the copyright in a work.
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(7) A person guilty of an offence under subsection (1), (3) or (4) shall be liable—
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(a) on summary conviction, to a fine not exceeding £1,500 in respect of each infringing copy, article or device, or to imprisonment for a term not exceeding 12 months, or both, or
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(b) on conviction on indictment, to a fine not exceeding £100,000, or to imprisonment for a term not exceeding 5 years, or both.
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(8) A person guilty of an offence under subsection (5) shall be liable—
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(a) on summary conviction, to a fine not exceeding £1,500 in respect of such offence or to imprisonment for a term not exceeding 12 months, or both, or
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(b) on conviction on indictment, to a fine not exceeding £100,000, or to imprisonment for a term not exceeding 5 years, or both.
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