46.-(1) Any person who at a time when copyright in a work subsists by virtue of this Act-

(a) makes for sale or hire; or
(b) in the course of a business sells or lets for hire, or offers or exposes for sale or hire, exhibits in public or distributes; or
(c) imports into Jamaica for purposes other than his private and domestic use; or
(d) distributes otherwise than in the course of a busi­ness to such an extent as to affect prejudicially the owner of the copyright,

any article which he knows or has reason to believe is an infringing copy of that work, commits an offence.

(2) Any person who, at the time when copyright subsists in a work by virtue of this Act, makes or has in his possession an article specifically designed or adapted for making copies of that work, knowing that it is to be used for making infringing copies for sale or hire or for use in the course of business, commits an offence.

(3) Any person who causes-

(a) a literary, dramatic or musical work done to be performed in public; or
(b) a sound recording or film to be played, or as the case may be, shown in public,

(otherwise than by reception of a broadcast or cable pro­gramme) knowing or having reason to believe that copy­right subsists in the work and that the performance, playing or showing, as the case may be, constitutes an infringement of the copyright, commits an offence.

(4) Any person who is guilty of an offence under subsection (1) shall be liable-

(a) on summary conviction before a Resident Mag­istrate to a fine not exceeding one hundred thou­sand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment;

(b) on conviction before a Circuit Court to a fine or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

(5) Any person who is guilty of an offence under this section, other than an offence under subsection (1), shall be liable-

(a) on summary conviction before a Resident Mag­istrate to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment;
(b) on conviction before a Circuit Court to a fine or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.