Page:Copyright Act 2021.pdf/293

---

---

(b) the advertisement is for the supply in Singapore (whether from within or outside Singapore) of an infringing copy of a work.

(2) It is a defence for the person to prove, on a balance of probabilities, that the person—

(a) acted in good faith; and

(b) had no reasonable grounds to believe that the advertisement would or could lead to an infringement of the copyright in the work.

(3) For the purposes of subsection (1), if a copy of a work is created when a communication of the work is received and recorded, the communication of the work is taken to be the supply of the work at the place where the copy is created.

Punishment

452.—(1) A person convicted of an offence under section 448 shall be liable—

(a) in the case of an individual—

(i) to a fine not exceeding the higher of the following:

(A) $20,000;

(B) $2,000 for each article in respect of which the offence is committed;

(ii) to imprisonment for a term not exceeding 2 years; or

(iii) to both; and

(b) in any other case—to a fine not exceeding the higher of the following:

(i) $40,000;

(ii) $4,000 for each article in respect of which the offence is committed.

(2) A person convicted of an offence under section 449, 450 or 451 shall be liable—