Copyright and Related Rights Act, 2000
|
Chapter 5 Delivery Up and Seizure | ||
|
Order for delivery up. |
255.—(1) Where a person— | |
(a) in the course of a business, trade or profession, has in his or her possession, custody or control an illicit recording of a performance, | ||
(b) has in his or her possession, custody or control an article specifically designed or adapted for making recordings of a performance, knowing or having reason to believe that it has been or is to be used to make illicit recordings, or | ||
(c) has in his or her possession, custody or control a protection-defeating device, | ||
a person having rights conferred by this Part in relation to the performance may apply to the appropriate court for an order that the illicit recording, article or device be delivered up to him or her or to such other person as the court may direct. | ||
(2) An application under subsection (1) shall not be made after the expiration of the period specified in section 263 (1) as being the limit of the period for delivery up and no order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order as to the disposal of the illicit recording, article or device. | ||
(3) A person to whom an illicit recording, article or device is delivered up pursuant to an order made under this section shall, where an order under section 264 as to the disposal of the illicit recording, article or device is not made, retain it pending the making of an order, or the decision not to make an order, under that section. |