Singapore legislation

Section 3

of Copyright (Gramophone Records and Government Broadcasting) Act

Section 3

Penalty for being in possession of pirated copies of gramophone records

(1)

Every person who makes, reproduces, imports for sale, sells, exposes or offers for sale, or has in his possession for sale, any pirated copies of any gramophone record, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and in the case of a second or subsequent conviction to imprisonment for a term not exceeding one year or to a fine not exceeding $2,000 or to both.

(2)

Where a person is charged with an offence under subsection (1), it shall be a defence to prove that —

(a)

he had at the time of the commission of the alleged offence no reason to suspect that he was dealing with pirated copies;

(b)

on demand by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he had obtained the pirated copies; and

(c)

in all respects he acted innocently.

(3)

The court before which any proceedings are taken under subsection (1) may, whether the alleged offender is convicted or not, order that any pirated copies of any gramophone record shall be delivered up to the owner of the copyright in that record or otherwise dealt with as the court thinks fit.

(4)

A police officer may arrest without warrant any person who, in any street or public place, sells, exposes or offers for sale, or has in his possession for sale, any pirated copies of any gramophone record as may be specified in any general written authority addressed to the Trade Development Board established under section 3 of the Trade Development Board Act [Cap. 330] and signed by the apparent owner of the copyright in that record or his agent, requesting the arrest, at the risk of the owner, of all persons found committing offences under this Act in respect of that record.

(5)

A copy of every written authority under subsection (4) shall be open to inspection at all reasonable hours by any person without payment of any fee and any person may take copies or make extracts thereof.

(6)

Any person who has in his possession 5 or more pirated copies of any gramophone record shall be deemed to be in possession of those copies for sale.