Copyright Act, 1963

Penalties and summary proceedings in respect of dealings which infringe copyright.

27.—(1) Any person who, at a time after the commencement of this section when copyright subsists in a work—

(a) makes for sale or hire, or

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

(c) by way of trade exhibits in public, or

(d) imports into the State, otherwise than for his private and domestic use,

any article which he knows to be an infringing copy of the work, shall be guilty of an offence under this subsection.

(2) Any person who, at a time after the commencement of this section when copyright subsists in a work, distributes, either—

(a) for purposes of trade, or

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

articles which he knows to be infringing copies of the work, shall be guilty of an offence under this subsection.

(3) Any person who, at a time after the commencement of this section when copyright subsists in a work, makes or has in his possession a plate, knowing that it is to be used for making infringing copies of the work, shall be guilty of an offence under this subsection.

(4) The District Court, upon the application of the owner of the copyright in any work, may act as follows: If satisfied by evidence that there is reasonable ground for believing that infringing copies of the work are being hawked, carried about, sold, or offered for sale, may by order authorise a member of the Garda Síochána to seize the copies without warrant and to bring them before the court, and the court, on proof that the copies are infringing copies, may order them to be destroyed, or to be delivered up to the owner of the copyright or otherwise dealt with as the court may think fit.

(5) If the District Court is satisfied by information on oath that there is reasonable ground for suspecting that an offence under subsection (1), (2) or (3) of this section is being committed on any premises, the court may grant a search warrant authorising a member of the Garda Síochána not below the rank of Inspector, accompanied by such other members of the Garda Síochána as that member thinks proper, to enter the premises between the hours of 6 a.m. and 9 p.m., if need be by force, and to seize any copies of any work or any plates in respect of which he has reasonable ground for suspecting that an offence under any of the said subsections is being committed.

(6) All copies of any work and plates seized under subsection (5) of this section shall be brought before the District Court, and if proved to be infringing copies or plates intended to be used for the printing or reproduction of infringing copies shall be destroyed or delivered up to the owner of the copyright in question or otherwise dealt with as the court thinks fit.

(7) The preceding subsections of this section shall apply in relation to copyright subsisting in any subject-matter by virtue of Part III of this Act, as they apply in relation to copyright subsisting by virtue of Part II of this Act.

(8) Any person who after the commencement of this section causes a literary, dramatic or musical work to be performed in public, knowing that copyright subsists in the work and that the performance constitutes an infringement of the copyright, shall be guilty of an offence under this subsection.

(9) A person guilty of an offence under subsection (1) or subsection (2) of this section shall on summary conviction—

(a) if it is his first conviction of an offence under this section, be liable to a fine not exceeding five pounds for each article to which the offence relates;

(b) in any other case, be liable to such a fine, or to imprisonment for a term not exceeding six months:

so, however, that a fine imposed by virtue of this subsection shall not exceed one hundred pounds in respect of articles comprised in the same transaction.

(10) A person guilty of an offence under subsection (3) or subsection (8) of this section shall, on summary conviction—

(a) if it is his first conviction of an offence under this section, be liable to a fine not exceeding one hundred pounds;

(b) in any other case, be liable to such a fine, or to imprisonment for a term not exceeding six months.

(11) The court before which a person is charged with an offence under this section may, whether he 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 a plate used or intended to be used for making infringing copies, shall be destroyed or delivered up to the owner of the copyright in question or otherwise dealt with as the court may think fit.

(12) An appeal shall lie to the Circuit Court from any order under subsection (4), (5), (6) or (11) of this section.