Division 5 of the Copyright Act which governs Offences addresses criminal liability for making or dealing with infringing objects. Sections 121 (1) – (3) set out the criminal acts and states:
121.-(1) A person who, other than pursuant to a copyright licence-
(a) makes for sale or hire;
(b) imports into the Fiji Islands otherwise than for that person's private and domestic use;
(c) possesses in the course of a business with a view to committing any act infringing the copyright;
(d) in the course of a business-
(i) offers or exposes for sale or hire;
(ii) exhibits in public; or
(iii) distributes;
(e) in the course of a business or otherwise, sells or lets for hire; or
(f) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner,
an object that is, and that the person knows or our ought reasonably to know is, an infringing copy of a copyright work, commits an offence.
(2) A person who-
(a) makes an object specifically designed or adapted for making copies of a particular copyright work; or
(b) has such an object in the person's possession,
when the person knows or ought reasonably to know that the object is to be used to make infringing copies for sale or hire or for use in the course of a business, commits an offence.
(3) Subject to subsection (4), a person who-
(a) causes a literary, dramatic, or musical work to be performed, if the performance infringes copyright in the work; or
(b) causes a sound recording or film to be played in public or shown in public, if the playing or showing infringes copyright in the sound recording or film,
and who knows or ought reasonably to know that copyright in the work or in the sound recording or visual image, as the case may be, would be infringed by the performance, playing or showing respectively, commits an offence.
(4) Nothing in subsection (3) applies in respect of infringement of copyright by the reception of a broadcast or cable programme.
Penalties for the above offences are prescribed under section 121(5) as follows:
(5) A person who commits an offence under this section is liable on conviction-
(a) in the case of an offence against subsection (1), to a fine of $5,000 for every infringing copy to which the offence relates, but not exceeding $50,000 in respect of the same transaction, and to imprisonment for 12 months;
(b) in the case of an offence against subsection (2) or (3) to a fine of $50,000 and to imprisonment for 12 months,
(c) in the case of a second or subsequent offence against subsection (2) or (3), to a fine of $100,000 and to imprisonment for 2 years.
