(1) A performer's rights are infringed by a person who, without his or her consent—
(a) imports into Saint Lucia otherwise than for his or her private and domestic use; or
(b) in the course of a business possesses, sells or lets for hire, offers for sale or hire, or distributes,
a recording of a qualifying performance which is, and which that person knows or has reason to believe is, an illicit recording.
(2) Where in an action for infringement of a performer's rights brought by virtue of this section a defendant shows that the illicit recording was innocently acquired by him or her or a predecessor in title of his or her, the only remedy available against him or her in respect of the infringement is damages not exceeding a reasonable payment in respect of the act complained of.
(3) In subsection (2) “innocently acquired” means that the person acquiring the recording did not know and had no reason to believe that it was an illicit recording.