Copyright and Related Rights Act, 2000

Order for delivery up in criminal proceedings.

260.—(1) The court may, on conviction of a person or being satisfied that there is a prima facie case to answer, where the court is satisfied that at the time of the arrest or charge the person had in his or her possession, custody or control—

(a) in the course of a business, trade or profession, a recording of a performance, knowing or having reason to believe it to be an illicit recording,

(b) an article specifically designed or adapted for making recordings of a performance, knowing or having reason to believe that it had been or was to be used to make illict recordings, or

(c) a protection-defeating device,

order that the illicit recording, article or device be delivered up to the rightsowner or to such other person as the court may direct.

(2) An order may be made by the court of its own motion, or on the application of the person bringing a prosecution, and may be made whether or not the person is convicted of the offence, but shall not be made—

(a) after the expiration of the period specified in section 263 (3) as being the limit of the period for delivery up, or

(b) where it appears to the court unlikely that any order will be made as to the disposal of the illicit recordings, articles or devices.

(3) A person to whom an illicit recording, article or device is delivered up pursuant to an order made under this section shall retain it pending the making of a final order or decision not to make an order, as the case may be.