(5) To avoid doubt, X may, in an action under subsection (2), make a counterclaim for an infringement of copyright.
(6) This section does not make an advocate and solicitor liable for anything done by him or her in his or her professional capacity on behalf of a client.
(7) For the purposes of this section—
- (a) it does not matter whether the threat is made by a circular, an advertisement or otherwise;
- (b) it does not matter whether X is or is not the owner or an exclusive licensee of the copyright concerned; and
- (c) the mere notification of the existence of a copyright is not a threat of proceedings.
Offences by bodies corporate, etc.
500.—(1) Where an offence under this Act committed by a body corporate is proved—
- (a) to have been committed with the consent or connivance of an officer of the body corporate; or
- (b) to be attributable to any neglect on his or her part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.
(3) Where an offence under this Act committed by a partnership is proved—
- (a) to have been committed with the consent or connivance of a partner; or
- (b) to be attributable to any neglect on his or her part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
