Offences and penalties
48. (1) Any person who infringes any copyright shall be guilty of an offence
and liable to a fine of not less than K200 and not exceeding K15,000 and to
imprisonment for a term not exceeding one year and in the case of a
continuing offence to a further fine of not less than K5 and not exceeding
K50 for each day during which the offence continues.
(2) Any person who, without the authorization of the Minister, imports, sells,
offers or exposes for sale or distribution in Malawi any copies of the following
works made outside Malawi:
(a) works of Malawian folklore; or
(b) translations, adaptations, or arrangements of Malawian folklore,
shall be guilty of an offence and shall be liable to a fine of not less than K200
and not exceeding K10,000 and to imprisonment for a term not exceeding
one year and in the case of a continuing offence to a further fine of not less
than K10 and not exceeding K50 for each day during which the offence
continues.
(3) Any person who contravenes section 25, 27 or 28 shall be guilty of an
offence and liable to a fine of K2,000 and to imprisonment for one year.
(4) Any person who has in his possession any infringing copy of a work other
than for his private or domestic use or who has in his possession any
machinery, plate, matrix or other device with the intention of using such
device to produce infringing copies, shall be guilty of an offence and shall be
liable to a fine of not less than K2,000 and not exceeding K10,000 and to
imprisonment for a term not exceeding one year and, in the case of a
continuing offence, to a further fine of K50 for each day during which the
offence continues.
(5) For the purposes of subsection (4) any person who has in his possession
three or more infringing copies of the same work shall, unless the contrary is
proved be presumed to be in possession of such copies otherwise than for
private or domestic use.
Compensation to victims of offence
49. (1) Subject to the provisions of this Act, infringement of copyright shall be
actionable at the suit of the owner of the copyright.
(2) In addition to any punishment imposed by the court in respect of an
offence under this Act in any action for an infringement, all such relief by way
of damages, injunction, account of profits or otherwise, shall be available to
the plaintiff as in any other corresponding proceedings in respect of
infringements of other proprietary rights, and in any such action the court
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