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| COPYRIGHT |
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AN ORDINANCE TO SUPPLEMENT THE COPYRIGHT ACT, 1911, BY PROVIDING FOR SUMMARY REMEDIES AND TO MAKE PROVISION FOR THE APPLICATION OF SECTION 14 OF THE SAID ACT.
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| Ordinance Nos, |
| 19 of 1898 |
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| 1 of 1926 |
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[14th December
, 1898 ]
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Short title.
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1. This Ordinance may be cited as the Copyright Ordinance.
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Principal Collector of Customs to perform duties imposed on or given to Commissioners of Customs and Excise of United Kingdom. (1 & 2 Geo. v, c. 46.)
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2. For the purpose of the application of section 14 of the Copyright Act, 1911, of the Parliament of the United Kingdom to the importation into Ceylon of works made out of Ceylon-
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(1) The Principal Collector of Customs shall perform the duties and may exercise the powers thereby imposed on or given to the Commissioners of Customs and Excise of the United Kingdom.
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(2) Regulations made by the Principal Collector of Customs under that section shall require the approval of the Minister. [1]
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(3) Regulations made under that section may provide that notices given to the Commissioners of Customs and. Excise of the United Kingdom, if communicated by them to the Principal Collector of Customs, shall be deemed to have been given by the owner of the copyright to the Principal Collector of Customs.
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(4) That section shall have effect as if it formed part of the Customs Ordinance.
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Penalties for dealing with infringing copies, &c.
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3. If any person knowingly-
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(a) makes for sale or hire any infringing copy of a work in which copyright subsists ; or
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(b) sells or lets for hire, or by way of trade exposes or offers for sale or hire, any infringing copy of any such work ; or
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(c) distributes infringing copies of any such work either for the purposes of trade or to such an extent as to affect prejudicially the owner of the copyright; or
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(d) by way of trade exhibits in public any infringing copy of any such work; or
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(e) imports for sale or hire into Ceylon any infringing copy of any such work,
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he shall be guilty of an offence under this Ordinance, and be liable on summary conviction before a Magistrate to a fine not exceeding thirty rupees for every copy dealt with in contravention of this section, but not exceeding seven hundred and fifty rupees in respect of the same transaction ; or, in the case of a second or subsequent offence, either to such fine or to simple or rigorous imprisonment for a term not exceeding two months.
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Penalties for making or possessing any plate for the purpose of making infringing copies.
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4. If any person knowingly makes or has in his possession any plate for the purpose of making infringing copies of any work in which copyright subsists, or knowingly and for his private profit causes any such work to be performed in public without the consent of the owner of the copyright, he shall be guilty of an offence under this Ordinance, and be liable on summary conviction to a fine not exceeding seven hundred and fifty rupees ; or in the case of a second or subsequent offence, either to such fine or to simple or rigorous imprisonment for a term not exceeding two months.
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Court may determine manner in which infringing copies and plates may be disposed of.
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5. The court before which any such proceedings are taken may, whether the alleged offender is convicted or not, order that all copies of the work, or all plates in the possession of the alleged offender, which appear to it to be infringing copies or plates for the purpose of making infringing copies, be destroyed or delivered up to the owner of the copyright, or otherwise dealt with as the court may think fit.
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Magistrate may impose full amount of the penalties.
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6. A Magistrate shall have jurisdiction to impose the full amount of the penalties to which the offender may be liable, notwithstanding any limitation of his ordinary powers or jurisdiction.
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| Chapter 154, Volume No. 6, Page No.465. |
