Page:Copyright Act 2021.pdf/294

Rh :(a) in the case of an individual—to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; and
 * (b) in any other case—to a fine not exceeding $40,000.

Presumption where person possesses 5 or more infringing copies

453.—(1) This section applies to all offences in this Part except offences under section 445(a) or 449.

(2) Unless the contrary is proved, a person who possesses 5 or more infringing copies is presumed to possess those copies—
 * (a) other than for private and domestic use; or
 * (b) for the purpose of sale.

Proof of subsistence of copyright and protection of performance, etc., by affidavit

454.—(1) This section applies to proceedings for an offence under this Part.

(2) An affidavit may be made stating that—
 * (a) at a specified time, copyright subsists in a work or a performance is a protected performance;
 * (b) the deponent is the rights owner or is making the affidavit on behalf of the rights owner; and
 * (c) a copy of the work or a recording of the performance annexed to the affidavit is a true copy or recording.

(3) Subject to subsections (4) and (5), the affidavit is admissible and is prima facie proof of the matters mentioned in subsection (2).

(4) Subsection (3) does not apply if it is proved that the deponent is neither the rights owner nor acting on behalf of the rights owner.