Page:Copyright Act 1987.pdf/105

Rh $100,000, whichever is the lower, or to imprisonment for a term not exceeding 5 years or to both.

(2) A person who at a time when copyright subsists in a work has in his possession any article which he knows, or ought reasonably to know, to be an infringing copy of the work for the purpose of—
 * (a) selling, letting for hire, or by way of trade offering or exposing for sale or hire, the article;
 * (b) distributing the article for the purpose of trade, or for any other purpose to an extent that will affect prejudicially the owner of the copyright in the work; or
 * (c) by way of trade exhibiting the article in public,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for the article or for each article in respect of which the offence was committed or $100,000, whichever is the lower, or to imprisonment for a term not exceeding 5 years or to both.

(3) Any person who, at a time when copyright subsists in a work, distributes, either—
 * (a) for purposes of trade; or
 * (b) for other purposes, but to such an extent as to affect prejudicially the owner of the copyright,

articles which he knows, or ought reasonably to know, to be infringing copies of the work, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.

(4) A person who, at a time when copyright subsists in a work, makes or has in his possession a plate or similar contrivance for the purpose of making sound recordings or audio-visual productions in contravention of subsection (1) which he knows, or ought reasonably to know, that it is to be used for making infringing copies of the work shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 for each plate or contrivance in respect of which the offence is committed or to imprisonment for a term not exceeding 2 years or to both.