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Secondary infringement: importing, possessing or dealing with illicit recording.
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218.—(1) A person infringes the rights conferred by this Part on a person having recording rights in relation to a performance where he or she, without the consent of the person having recording rights in relation to the performance or, in the case of a qualifying performance, the consent of the performer—
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(a) sells, rents or lends, or offers or exposes for sale, rental or loan,
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(b) imports into the State, otherwise than for his or her private and domestic use,
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(c) in the course of a business, trade or profession, has in his or her possession, custody or control, or makes available to the public, or
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(d) otherwise than in the course of a business, trade or profession, makes available to the public to such an extent as to prejudice the interests of the person having recording rights,
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a recording of a performance which is, and which that person knows or has reason to believe is, an illicit recording.
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(2) Where, in an action brought under this section for infringement of the rights conferred by this Part on a person having recording rights, a defendant shows that the illicit recording was innocently acquired by him or her or his or her predecessor in title, the only remedy available against the defendant in respect of the infringement shall be an award of damages not exceeding a reasonable payment in respect of the act complained of.
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