Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Presumption where person possesses 5 or more infringing copies
453.—(1) This section applies to all offences in this Part except offences under section 445(a) or 449. (2) Unless the contrary is proved, a person who possesses 5 or more infringing copies is presumed to possess those copies —(a) other than for private and domestic use; or (b) for the purpose of sale.
Proof of subsistence of copyright and protection of performance, etc., by affidavit
454.—(1) This section applies to proceedings for an offence under this Part. (2) An affidavit may be made stating that —(a) at a specified time, copyright subsists in a work or a performance is a protected performance; (b) the deponent is the rights owner or is making the affidavit on behalf of the rights owner; and (c) a copy of the work or a recording of the performance annexed to the affidavit is a true copy or recording. (3) Subject to subsections (4) and (5), the affidavit is admissible and is prima facie proof of the matters mentioned in subsection (2). (4) Subsection (3) does not apply if it is proved that the deponent is neither the rights owner nor acting on behalf of the rights owner. (5) If the accused person desires in good faith to cross‑examine the deponent on the matters in the affidavit, subsection (3) does not apply unless —(a) the deponent appears as a witness for cross‑examination; or (b) the court allows the affidavit to be used without the deponent so appearing.
Power to deal with infringing copies, etc., in proceedings under this Part
455.—(1) This section applies where —(a) a person is charged for an offence under this Part in a court (whether or not the person is convicted); and (b) any of the following items is before the court or in the person’s possession:(i) any infringing copy; (ii) any article that has been used to make infringing copies. (2) The court may order that the items be —(a) delivered up and forfeited to the rights owner concerned; (b) destroyed; or (c) otherwise dealt with.
Powers of entry, search and seizure
456.—(1) Information may be given on oath to a court that there is reasonable cause to suspect that an article or a document is —(a) located at any premises; and (b) evidence that an offence under this Part has been committed. (2) If information is given under subsection (1), the court may issue a warrant authorising a police officer (either with or without conditions) —(a) to enter and search the premises for articles and documents specified (either specifically or in any general category) in the warrant; and (b) if any articles or documents so specified are found at the premises — to seize them. (3) In this section and section 457, “document” means anything in which information of any description is recorded.
Disposal of seized evidence
457.—(1) This section applies where —(a) an article or a document is seized under section 456; and (b) either —(i) no proceedings are brought for an offence under this Part within 6 months of the seizure; or (ii) in the case of a seized article — proceedings are brought for an offence under this Part, but no order is made under section 455 in respect of the article. (2) The article or document must be —(a) returned to the person who was in possession of the article or document when it was seized; or (b) if it is not practicable to so return the article or document — disposed of in accordance with section 108 of the Police Force Act 2004 (disposal of lost or unclaimed property deposited with police).
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
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