Criminal Penalties for Copyright Infringements

41. (1) A person who commits an infringement of a criminal liability for right protected under this Act for profit-making infringement purposes, knowing or having reason to believe that he is committing an infringement, commits an offence and is liable on summary conviction to a fine of one hundred thousand dollars and to imprisonment for ten years.

(2) The amount of the fine shall be fixed by the Magistrate, taking into particular account the defendant's profits attributable to the infringement.

(3) The Magistrate shall have the authority to increase up to double the penalty specified in subsection (1), where the defendant has been convicted for a new act of infringement within five years of a previous conviction for an infringement.

(4) The provisions of section 38(1)(b), (c) and (g), (3) and (5) shall apply, mutatis mutandis, in criminal proceedings, provided that no decision has yet been taken on such remedies in a civil proceeding.

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