The penalty on a first offence is a fine not exceeding £100 for each article to which the offence relates, together with, in any other case, the option of imprisonment for a term not exceeding six months or to both such fine and imprisonment. Such a penalty will apply to the following offences:
-Making for sale or hire; or
-Selling or letting for hire or by way of trade offering or exposing for sale or hire, or for the purposes of trade having in one's possession; or
-By way of trade exhibiting in public; or
-Importing into the State, otherwise than for private and domestic use; or
-Distributing, either for purposes of trade, or for other purposes, but to such extent as to affect prejudicially the owner of the copyright;
articles in infringement of copyright.
There shall be in the case of a first conviction of an offence a fine not exceeding £1,000, together with in any other case, such a fine, or at the discretion of the court, imprisonment for a term not exceeding six months or both such fine and such imprisonment. This shall apply to the following offences:
-Having in one's possession a plate, knowing that it is to be used for making infringing copies of a work; or
-Causing a literary, dramatic or musical work to be performed in public, or a cinematograph film to be shown, knowing that copyright subsists in the work or in the cinematograph film and that the performance or showing constitutes an infringement of the copyright, save that in the case of such infringement by way of television broadcast or sound broadcast, the penalty shall be on summary conviction a fine not exceeding £100.
The District Court, upon the application of the owner of the copyright in a work, may if satisfied that there is reasonable ground for believing that infringing copies of the work are being hawked, carried about, sold or offered or exposed for sale, let for hire or offered or exposed for hire, by order authorize a member of the Gardaí to seize the copies without a warrant and to bring them before the court, and the court, on proof that the copies are infringing copies may order them to be destroyed or to be delivered up to the owner of the copyright or otherwise dealt with as the court may think fit.
If a District Justice is satisfied by information on oath that there is reasonable ground for suspecting a copyright offence has been committed on any premises, the District Justice may grant a search warrant authorizing a named member of the Gardaí accompanied by any other members of the Gardaí as may be necessary, to enter on the premises, if need be by force, and to seize any copies of any cinematograph film or any work including plate in respect of which he has a reasonable ground for suspecting that an offence is being committed.