AI-assisted research summary: This section makes a range of copyright-related acts offences and sets fines, prison terms, and court powers to deal with infringing items.
28. (I) Any person who, during the subsistence of copyright in Offences a work- (a) makes for sale or hire any infringing copy; (b) sells, lets for hire or by way of trade, exposes or offers for sale or hire, any infringing copy; (c) distributes infringing copies; (d) possesses, otherwise than for that person's private and domestic use, any infringing copy; Cop,ies of this Statutoty Instrument can be·obtainedfrom the Government Printer, P.O.Box 30136. 10101 Lusaka Price K3000 each 368 No. 25 of 2010] Copyright and Pe,formance Rights (Amendments) (e) by way of trade, exhibits in public any infringing copy; (j) imports into Zambia, otherwise than- (i) for that person's private and domestic use; and (ii) as items accompanying that person on entry into Zambia;an infringing copy; (g) makes or has in that person's possession, any article used or intended to be used for the purpose of making infringing copies; (h) installs an infringing computer program in a computer; (i) compiles musical tracks or visual images otherwise than is permissible under this Act; (j) offers for sale infringing musical compilations or visual images or audiovisual compilations; (k) uses a record company or publisher's registered label or trademark on an infringing compilation; (I) unlawfully re-transmits or re-broadcasts a broadcast; (m) unlawfully uses a single unit dwelling device for multiple dwelling; (n) unlawfully accesses a television signal; (o) unlawfully records for sale or hire a broadcast; or (p) synchronises music and visual works without the consent of the copyright owner; unless the person satisfies the court that the person had acted in good faith and had no reasonable grounds for supposing that copyright would or might thereby be infringed, commits an offence and is liable, upon conviction (i) on a first conviction, to a fine not exceeding (A) one hundred thousand penalty units; or (B) twenty penalty units for each infringing copy; whichever is greater, or to imprisonment for a term not exceeding five years, or to both; or (ii) on a subsequent conviction, to a fine not exceeding (A) two hundred thousand penalty units; or (B) forty penalty units for each infringing copy; whichever is greater, or to imprisonment for a term not exceeding ten years, or to both. " Copyright and Performance Rights (Amendment) [No. 25 Of 2010 369 (2) A person who makes or imports for sale or hire any article specifically designed or adapted to circumvent the operation of a device or system designed or adapted to prevent or control the reproduction of a recording of a work commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both. (3) A person who dishonestly receives or re-distributes a program included in a broadcast or in a cable program service provided from a place in Zambia with intent to avoid payment of any charge applicable to the reception or re-distri�ution of the program commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units orto imprisonment for a term not exceeding five years, or to both. ( 4) Where a person is charged with an offence under this section, the court may, whether or not the person is convicted of the offence, order that any article in the person's possession which appears to the court to be an infringing copy, or to be an article used or intended to be used for making infringing copies or for the commission of an offence under this section, be destroyed or dealt with as the court may direct. (5) The Attorney-General shall, in the absence of the copyright holder, be a copyright holder ad /item for the purposes of the prosecution of an offence under this Act.