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-distribution of the program 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.
(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 Attomey-General shall, in the absence of the copyright
holder, be a copyright holder ad litem for the purposes of the
prosecution of an offence under this Act.
4. Section thirty-three of the principal Act is amended in
(a) subsection (1), by the deletion immediately after the words
"police officer" of the comma and the words "of or
above the rank of inspector";
Amendment
of section 33
(b) subsection {2}(i) by the insertion immediately after the words "this
section", of the words "or section twenty-eight";
and
(ii) by the deletion immediately after the word "within"
of the words "forty-eight hours" and the
substitution therefor of the words "seven days".
5. The principal Act is amended by the insertion of the following
new section:
Insertion of
new sections
38A,38B,
38C,38D,
38£ and 38F