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{
    "id": 815330,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/815330/?format=api",
    "text_counter": 301,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "THAT, Clause 21 of the Bill be amended— (a) by deleting paragraph (a) and substituting therefor the following new paragraph— “(a) by deleting subsection (1) and substituting therefor the following new subsection— (1) A person who, at a time when copyright or the right of a performer or producer subsists in a work, knowingly- (a) makes for sale or hire an infringing copy; (b) sells or lets for hire or by way of trade, exposes or offers for sale an infringing copy; (c) distributes infringing copies; (d) possesses otherwise than for his private and domestic use, an infringing copy; (e) imports into Kenya otherwise than for his or her private and domestic use an infringing copy; (f) makes or has in his or her possession a contrivance used or intended to be used for the purpose of making an infringing copy; (g) causes a broadcast to be rebroadcast or transmitted in a diffusion service, knowing that copyright subsists in the broadcast and that such rebroadcast or transmission constitutes an infringement of the copyright; (h) causes a program carrying signals to be distributed by a distributor for whom they were not intended, knowing that copyright subsists in the signals and that such distribution constitutes an infringement of the copyright; (i) circumvents a technological protection measure or manufactures or distributes devices designed for circumventing technological protection measures; or (j) removes or alters rights management information or imports or distributes or makes available to the public a copy of a work from which electronic rights management information has been removed or altered, commits an offence.”; (b) in paragraph (c) by deleting the proposed new subsection (4) and substituting therefor the following subsection— “(4)A person convicted of an offence under subsection (1) (a), (b, (c), (d) or (e) shall be liable to— (a) in the case of a first conviction, a fine of five times the market value of the legitimate work or one thousand shillings for each infringing copy whichever is higher or to imprisonment for a term not exceeding ten years, or to both; and (b) in any other case to a fine of ten times the market value of the legitimate work or two thousand shillings for each infringing copy, whichever is higher or imprisonment for a term not exceeding twenty years, or to both.” (c) in paragraph (d) by deleting the words “Any person guilty” appearing in the proposed new subsection (5) and substituting therefor the words “A person convicted”; (d) by deleting paragraph (e) and substituting therefor the following new paragraph— “(e) by deleting subsection (6).” (e) by inserting the following new paragraph immediately after paragraph (e)— “(ea) by deleting the words “Any person guilty” appearing in subsection (7) and substituting therefor the words “A person convicted”; The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}