No. 26
Copyright
75
Society from the person on whom it has been imposed in the same
manner as a fine is recoverable on conviction of an offence.
(11) Where an offence has been admitted or is presumed to have
been admitted under this section, no further charge shall be laid in
respect of the offence against the person who has admitted or is
presumed to have admitted the offence.
(12) This section shall not apply__
(a) in respect of any offence under section; or
(b) to any offence or alleged offence in respect of which a
charge has already been preferred.
113.__(1) Any person who infringes any copyright commits an
offence and shall on conviction, be liable to a fine of K5,000,000
and to imprisonment for two years and in the case of a continuing
offence, to a further fine of K25,000 for each day during which the
offence continues.
(2) Any person who, without the authorization of the Minister
imports, sells, offers or exposes for sale or distribution in Malawi
any copy of the following subject matter outside Malawi__
(a) expressions of Malawian folklore; or
(b) translations, adaptations or arrangements of expressions of
Malawian folklore,
commits an offence and shall on conviction, be liable to a fine of
K10,000,000 and to imprisonment for four years and in the case of
a continuing offence, to a further fine of K50,000 for each day
during which the offence continues.
(3) Any person who contravenes sections 69, 70 or 71 commits an
offence and shall on conviction, be liable to a fine of K2,000,000
and to imprisonment for twelve months.
(4) Any person who has in his possession__
(a) any infringing copy of a work other than for his private or
domestic use; or
(b) any machinery, plate, matrix or other device with the
intention of using such device to produce infringing copies,
commits an offence and shall be liable to a fine of K10, 000,000 and
to imprisonment for four years and in the case of a continuing
offence to a further fine of K50,000 for each day during which the
offence continues.
(5) For purposes of subsection (4), any person who has in his
possession three or more infringing copies of the same work or
Offence and
penalties