Page:Copyright Amendment Act 1984 from Government Gazette.djvu/5



from, any business which sells, lets, offers, exposes or distributes reproductions or adaptations of cinematograph films.

Any person who commits an act contrary to a prohibition contemplated in paragraph (a), shall be guilty of an offence and liable on conviction to a fine not exceeding ten thousand rand or to imprisonment for a period not exceeding five years. ”.

12. The following section is hereby substituted for section 28 of the principal Act— “Provision for restricting importation of copies. 28. (1) The owner of the copyright in any published literary or musical work or any published cinematograph film [or], any sound recording or any published edition may give notice in writing to the [Secretary] Commissioner for Customs and Excise (in this section referred to as ‘the [Secretary] Commissioner ’)―

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

that he requests the [Secretary] Commissioner 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] Commissioner 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notice has been given under this section in respect of a work [cinematograph film or sound recording] and has not been withdrawn, the importation into the Republic at a time before the end of the period specified in the notice of any copy of the work [cinematograph film or sound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 liable to any penalty under that Act (other than forfeiture of the goods) by reason of the fact that any goods are treated as prohibited goods by virtue of this section.

(5) This section shall mutatis mutandis apply with reference to an exclusive licensee who has the right to import into the Republic any literary or musical [or artistic] work or any cinematograph film [or], sound recording or published edition published elsewhere.”.