Copyright Act, 1963

Infringements by importation, sale and other dealings.

11.—(1) Without prejudice to the general provisions of section 7 of this Act as to infringements of copyright, the provisions of this section shall have effect in relation to copyright subsisting by virtue of this Part of this Act.

(2) The copyright in a literary, dramatic, musical or artistic work is infringed by any person who, without the licence of the owner of the copyright—

(a) imports an article (otherwise than for his private and domestic use) into the State, or

(b) sells, lets for hire, or by way of trade offers or exposes for sale or hire any article, or

(c) by way of trade exhibits any article in public,

if to his knowledge the making of that article constituted an infringement of that copyright, or (in the case of an imported article) would have constituted such an infringement if the article had been made in the State.

(3) The provisions of subsection (2) of this section which relate to the sale of an article shall apply in relation to the distribution of any articles either—

(a) for the purposes of trade, or:

(b) for other purposes, but to such an extent as to affect prejudicially the owner of the copyright in question,

as those provisions apply in relation to the sale of an article.

(4) Subject to the provisions of subsection (5) of this section, the copyright in a literary, dramatic or musical work is also infringed by any person who permits a place of public entertainment to be used for a performance in public of the work, where the performance constitutes an infringement of the copyright in the work.

(5) Subsection (4) of this section shall not apply in a case where the person permitting the place of public entertainment to be used as mentioned in that subsection—

(a) was not aware, and had not reasonable grounds for suspecting that the performance would be an infringement of the copyright, or

(b) gave the permission gratuitously, or for a consideration which—

(i) was only nominal, or

(ii) if more than nominal, did not exceed a reasonable estimate of the expenses to be incurred by him in consequence of the use of the place for the performance.

(6) In this section “place of public entertainment” includes any premises which are occupied mainly for other purposes, but are from time to time made available for hire to such persons as may desire to hire them for purposes of public entertainment.