Singapore legislation

Clause 3

of Copyright (Gramophone Records and Government Broadcasting) Bill

Clause 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 one thousand dollars, and in the case of a second or subsequent conviction to imprisonment for a term not exceeding one year or a fine not exceeding two thousand dollars or to both such imprisonment and fine.

(2)

Where a person is charged with an offence under subsection (1) of this section, 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) of this section 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 such 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 Registrar of Imports and Exports and signed by the apparent owner of the copyright in such record or his agent, requesting the arrest, at the risk of such owner, of all persons found committing offences under this Act in respect to such record.

(5)

A copy of every written authority under subsection (4) of this section 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 five or more pirated copies of any gramophone record shall be deemed to be in possession of such copies for sale.