where the owner asks for alternative arrangements to be made. This provision shall not apply
to copies where ownership thereof has been acquired in good faith by a third party, nor to
their packaging.
Where the danger exists that material might be used to commit or continue to commit acts
constituting a violation of copyright or neighboring rights, the court may order that the
material is destroyed or that alternative arrangements are made outside the commercial
spheres so as to reduce to a minimum the risks of further violations, or that the material is
returned to the owner of the right.
Where the danger exists that acts constituting a violation will continue, the court shall
expressly order the cessation of these acts, issuing a fine if necessary.
CHAPTER II – CRIMINAL SANCTIONS AND PROCEDURES
Article 106:
Notwithstanding the provisions of Article 511 of the Criminal Code:
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any edition of writing, musical composition, drawing, painting or other printed or
engraved production either fully or partially, in violation of the laws and regulations
on the property of authors shall constitute copyright infringement;
any reproduction, translation, adaptation, performance or broadcast by any means
whatsoever of a work of the mind in violation of the author’s rights, as stipulated and
governed by the law, shall also constitute copyright infringement. Copyright
infringement shall be punishable with a prison sentence of two months to one year and
a fine of 50,000 to 300,000 francs or by only one of these sanctions;
the export and import of counterfeit works shall be subject to the same sanctions.
Article 107:
Any fixation, reproduction, communication or making available to the public, for a
consideration or free of charge, or any broadcasting of a performance, phonogram, videogram
or program made without authorization, when authorization is required from the performer,
producer of phonograms or videograms or the broadcasting organization, shall be punishable
with a prison sentence of two months to one year and a fine of 50 000 to 300 000 francs or by
only one of these sanctions.
The same sanctions shall apply to any import or export of phonograms or videograms made
without the authorization of the producer or performer when this authorization is required.
The same sanctions shall apply for failure to pay the remuneration due for the private copying
or communication to the public and broadcasting of commercial phonograms.
Article 108:
The following shall be unlawful and constitute the violation of copyright and neighboring
rights:
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the manufacture or import, for sale or rental, of a device or means specially designed
or adapted to render inoperable any copy-protection or copy-management device or
means;