[Rev. 2014]
(d)
(e)
(f)
Copyright
CAP. 130
possesses otherwise than for his private and domestic use, any
infringing copy; or
imports into Kenya otherwise than for his private and domestic use
any infringing copy; or
makes or has in his possession any contrivance used or intended to
be used for the purpose of making infringing copies,
shall, unless he is able to prove that he had acted in good faith and had no
reasonable grounds for supposing that copyright or the right of a performer would
or might thereby be infringed, be guilty of an offence.
(2) Any person who causes a literary or musical work, an audio-visual work or
a sound recording to be performed in public at a time when copyright subsists in
such work or sound recording and where such performance is an infringement of
that copyright shall be guilty of an offence unless he is able to prove that he had
acted in good faith and had no reasonable grounds for supposing that copyright
would or might be infringed.
(3) For the purposes of paragraphs (a) to (f) of subsection (1), any person
who has in his possession, custody or control two or more infringing copies of a
work in the same form, shall, unless the contrary is proved, be presumed to be
in possession of or to have imported such copies otherwise than for private and
domestic use.
(4) Any person guilty of an offence under paragraph (a), (c), (e) or (f) of
subsection (1) shall be liable to a fine not exceeding four hundred thousand shillings
or to imprisonment for a term not exceeding ten years or to both.
(5) Any person guilty of an offence under paragraph (b) or (d) of subsection
(1) shall be liable to a fine not exceeding one hundred thousand shillings or to
imprisonment for a term not exceeding two years or to both.
(6) A person convicted of an offence under this section shall be liable—
(a) in the case of a first conviction, to a fine not exceeding four hundred
thousand shillings, or to imprisonment for a term not exceeding six
years, or to both; and
(b) in any other case, to a fine not exceeding eight hundred thousand
shillings, or to imprisonment for a term not exceeding ten years, or
to both.
(7) Any person guilty of an offence under subsection (2) shall be liable to a fine
not exceeding five hundred thousand shillings, or to imprisonment for a term not
exceeding four years, or to both.
(8) The court before which a person is charged with an offence under this
section, shall whether such person is convicted of the offence or not, order that
any article in his 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, be
destroyed or delivered up to the owner of the copyright in question or otherwise
dealt with as the court may think fit.
(9) No prosecution for an offence under this section shall be instituted—
(a) after the expiration of the period of three years immediately following
the date of the alleged offence; and
C40 - 27
[Issue 3]
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