Page:Copyright Act 1987.pdf/106

106 (5) Subsections (1) to (4) shall apply in relation to copyright subsisting in any subject-matter by virtue of Part IV in like manner as they apply in relation to copyright subsisting in a work by virtue of Part III.

(6) Any person who for his private profit causes a literary, dramatic or musical work to be performed in public, or causes a cinematograph film to be seen or heard or seen and heard in public, other than by the reception of a television broadcast or cable programme, where he knows, or ought reasonably to know, that copyright subsists in the work or cinematograph film and that the performance constitutes an infringement of the copyright, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or imprisonment for a term not exceeding 2 years or to both.

(7) For the purposes of this section, any person who has in his possession 5 or more infringing copies of any work or other subject-matter shall, unless the contrary is proved, be presumed—
 * (a) to be in possession of such copies otherwise than for private and domestic use; or
 * (b) to be in possession of such copies for the purpose of sale.

(8) The court before which a person is charged with an offence by reason of a contravention of any of the provisions of this section may, whether he is convicted of the offence or not, order that any article that appears to the court to be an infringing copy and any plate or contrivance used or intended to be used for making infringing copies in the possession of the alleged offender or before the court, be destroyed or delivered up to the owner of the copyright concerned or otherwise dealt with in such manner as the court thinks fit.

(9) If information is given upon oath to a Magistrate that there is reasonable cause for suspecting that there are in any house, premises, vessel or other place any infringing copies of a work or other subject-matter in which copyright subsists (or any plate or contrivance used or intended to be used for making such infringing copies or capable of being used for the purpose of making such infringing copies) by means of or in relation to which any offence under subsection (1), (2), (3) or (4) has been committed, he may issue a warrant under his hand by virtue of which any police officer named or referred to in the