Page:Copyright Act 1978 from Government Gazette.djvu/16

GOVERNMENT GAZETTE, 30 JUNE 1978

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(3) Any person who causes a literary or musical work to be performed in public knowing that copyright subsists in the work and that performance constitutes an infringement of the copyright, shall be guilty of an offence.

(4) Any person who causes a broadcast to be rebroadcast or transmitted in a diffusion service knowing that copyright subsists in the broadcast and that such rebroadcast or transmission constitutes an infringement of the copyright, shall be guilty of an offence.

(5) Any person who causes programme-carrying signals to be distributed by a distributor for whom they were not intended knowing that copyright subsists in the signals and that such distribution constitutes an infringement of the copyright, shall be guilty of an offence.

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

in the case of a first conviction, to a fine not exceeding five hundred rand or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment, for each article to which the offence relates;

in any other case, to a fine not exceeding one thousand rand or to imprisonment for a period not exceeding one year 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 thousand rand or ten years, as the case may be, in respect of articles comprised in the same transaction.

(7) A person convicted of an offence under subsection (2), (3), (4) or (5), shall be liable―

in the case of a first conviction, to a fine not exceeding one thousand rand;

in any other case, to a fine not exceeding one thousand rand or to imprisonment for a period not exceeding one year.

28. (1) The owner of the copyright in any published literary or musical work or any published cinematograph film or any sound recording may give notice in writing to the Secretary for Customs and Excise (in this section referred to as “the Secretary”)―

that he is the owner of the copyright in the work, cinematograph film or sound recording; and

that he requests the Secretary to treat as prohibited goods, during a period specified in the notice, copies of the work, cinematograph film or sound recording to which this section applies:

Provided that the period specified in a notice under this subsection shall not extend beyond the end of the period for which the copyright is to subsist: Provided further that the Secretary shall not be bound to act in terms of any such notice unless the owner of the copyright furnishes him with security in such form and for such amount as he may require to secure the fulfilment of any liability and the payment of any expense which he may incur by reason of the detention by him of any copy of the work, cinematograph film or sound recording to which the notice relates or as a result of anything done by him in relation to a copy so detained.

(2) This section shall apply to any printed copy of the work, cinematograph film or sound recording in question made outside the Republic which if it had been made in the Republic would be an infringing copy of the work, cinematograph film or sound recording.

(3) Where a notice has been given under this section in respect of a work, cinematograph film or sound recording and has not been withdrawn, the importation into the Republic at a time before the end of the period specified in the notice of any copy of the work, cinematograph film or sound recording to which this section applies shall be prohibited.

(4) Notwithstanding anything contained in the Customs and Excise Act, 1964 (Act No. 91 of 1964), a person shall not be