(1) A person commits an offence who without sufficient consent—
(a) makes for sale or hire;
(b) imports into Saint Lucia otherwise than for his or her private and domestic use;
(c) possesses in the course of a business with a view to committing any act infringing the rights conferred by this Part;
(d) in the course of a business—
(i) sells or lets for hire,
(ii) offers or exposes for sale or hire, or
(iii) distributes,
a recording which is, and which he or she knows or has reason to believe is, an illicit recording.
(2) A person commits an offence who causes a recording of a performance made without sufficient consent to be—
(a) shown or played in public; or
(b) broadcast or included in a cable programme service,
thereby infringing any of the rights conferred by this Part, if he or she knows or has reason to believe that those rights are thereby infringed.
(3) In subsections (1) and (2) “sufficient consent” means—
(a) in the case of a qualifying performance, the consent of the performer; and
(b) in the case of a non-qualifying performance subject to an exclusive recording contract—
(i) for the purpose of subsection (1)(a), the consent of the performer or the person having recording rights, and
(ii) for the purposes of subsection (1)(b), (1)(c) and (1)(d) and subsection (2), the consent of the person having recording rights.
(4) References in this subsection to the person having recording rights are to the person having those rights at the time the consent is given or, if there is more than one such person, to all of them.
(5) An offence is not committed under subsection (1) or (2) by the commission of an act which, by virtue of any provision of this Part, may be done without infringing the rights conferred by this Part.
(6) A person who commits an offence under subsection (1)(a), (1)(b) or (1)(d)(iii) is liable—
(a) on summary conviction to a fine not exceeding $2,500 and to imprisonment for a term not exceeding 10 months;
(b) on conviction on indictment to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years, or to both such fine and imprisonment.
(7) A person who commits any other offence under this section is liable on summary conviction to a fine not exceeding $1,000 and to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.