Copyright and Related Rights Act, 2000
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Secondary infringement: importing, possessing or dealing with illicit recordings. |
212.—(1) A person infringes the rights of a performer conferred by section 203 where he or she, without the consent of the performer— | |
(a) sells, rents or lends, or offers or exposes for sale, rental or loan, | ||
(b) imports into the State, otherwise than for his or her private and domestic use, | ||
(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 | ||
(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 performer, | ||
a recording of a qualifying performance which is, and which he or she knows or has reason to believe is, an illicit recording. | ||
(2) Where, in an action brought under this section for infringement of the rights of a performer, 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. | ||
(3) In Parts III and IV “innocently acquired” means that the person acquiring the recording did not know and had no reason to believe that it was an illicit recording. |