Malaysia legislation
Section 15
Section 15
(a)
makes for sale or hire any infringing copy; or
(b)
sells, lets for hire or by way of trade exposes or offers for sale or hire any infringing copy; or
(c)
distributes infringing copies; or
(d)
possesses, otherwise than for his private and domestic use, any infringing copy; or
(e)
by way of trade exhibits in public any infringing copy; or
(f)
imports into Malaysia, otherwise than for his private and domestic use, any infringing copy; or
(g)
makes or has in his possession any contrivance capable of being used for the purpose of making infringing copies, shall, unless he proves that he acted in good faith and had no reasonable grounds for supposing that copyright would or might be thereby infringed, be guilty of an offence and on conviction shall be liable—
(i)
in the case of an offence under paragraph (a), (b), (c), (d), (e) or (f) of this subsection, to a fine not exceeding ten thousand ringgit for each infringing copy in respect of which the offence was committed or one hundred thousand ringgit, whichever is the lower, or to imprisonment for a term not exceeding five years or to both imprisonment and fine; and
(ii)
in the case of an offence under paragraph (g) of this subsection, to a fine not exceeding twenty thousand ringgit for each contrivance in respect of which the offence was committed or to imprisonment for a term not exceeding ten years or to both imprisonment and fine.
(2)
The court trying any person accused of an offence under the last preceding subsection may at the conclusion of the trial, whether the alleged offender is convicted or not, order that any infringing copies (and any contrivance used or intended to be used for making infringing copies or capable of being used for the purpose of making infringing copies) in the possession of the alleged offender or before the court shall be destroyed, delivered up to the first owner of the copyright in question, his assignee or exclusive licensee, as the case may be, or otherwise dealt with as the court thinks fit.
(3)
Where an offence under this section is committed by a body corporate or by a person who is a partner in a firm, every director, secretary or manager of the body corporate or, as the case may be, every other partner in the firm shall be deemed to be guilty of the offence unless he proves that the offence was committed without his consent or connivance and that he exercised all due diligence to prevent the commission of the offence.
(4)
If information is given upon oath to any magistrate that there is reasonable cause for suspecting that there are in any house, premises, vessel or other place any infringing copies (or any contrivance used or intended to be used for making infringing copies or capable of being used for the purpose of making infringing copies) by means of or in relation to which any offence under subsection (1) of this section has been committed, he may issue a warrant under his hand by virtue of which any police officer named or referred to in the warrant may enter the house, premises, vessel or other place at any reasonable time by day and search for and seize any such copy or contrivance; and if a copy or contrivance is seized under this subsection in connection with an offence and—
(a)
in proceedings brought under this section in connection with the offence no order is made under subsection (2) of this section as to the copy or contrivance; or
(b)
no such proceedings are instituted within six months of the seizure, the copy or contrivance shall be returned to the person in whose possession it was when it was seized or, if it is not reasonably practicable to return it to that person, shall be disposed of in accordance with the law regulating the disposal of lost or unclaimed property in the hands of police authorities.
(5)
For the purpose of this section, an "infringing copy" means an article which if made in Malaysia constitutes an infringement of copyright under this Act, and if made outside Malaysia would constitute an infringement of copyright under this Act if the making thereof had taken place in Malaysia.
(6)
For the purpose of paragraphs (d) and (f) of subsection (1) any person who has in his possession three or more infringing copies shall, unless the contrary is proved, be presumed to be in possession of or to import such copies otherwise than for private and domestic use.