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exceeding forty thousand ringgit for each contrivance in respect of which the offence was committed or to imprisonment for a term not exceeding twenty years or to both. |
(2) For the purposes of paragraphs (a) to (f) of subsection (1), any person who has in his possession, custody or control three or more infringing copies of a work in the same form shall, unless the contrary is proved, be presumed to be in possession of or to import such copies otherwise than for private or domestic use.
(3) Any person who causes a literary or musical work to be performed in public shall be guilty of an offence under this subsection unless he is able to prove that he had acted in good faith and had no reasonable grounds for supposing that copyright would or might thereby be infringed.
(4) 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.
Affidavit admissible in evidence. 42. (1) An affidavit or statutory declaration made before any person having authority to administer oath by any person claiming to be the owner of the copyright or by his agent in any of the works eligible for copyright under this Act stating that—
| (a) | at the time specified therein copyright subsisted in such work; | |
| (b) | he is the owner of the copyright; and | |
| (c) | a copy of the work annexed thereto is the true copy thereof, |
shall be admissible in evidence in any proceedings under this Act and shall be prima facie proof of the facts contained therein.
