COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) Provided that the Tribunal or Court shall not grant an order without such notice unless it is satisfied that there is a real possibility that the documents, copies or things will be hidden, destroyed or rendered inaccessible if notice is given. (3) An order in terms of subsection (1) may be granted on such conditions, including the giving of security by the applicant, as the Tribunal or court may fix. (4) This section shall not be taken to limit any power a court may have under its ordinary jurisdiction to grant orders such as are referred to in this section. 58 Additional rights of owner of copyright in respect of infringing copies Without derogation from section fifty-two, the owner of the copyright in any work shall be entitled to all the rights and remedies in regard to the possession and use of— (a) every infringing copy of the work; and (b) any article which is specifically designed or adapted for making copies of the work and which is being or has been used to make infringing copies thereof; that he would be entitled to if he were the owner of the infringing copy or article. 59 Offences and penalties in respect of infringement (1) A person shall be guilty of an offence if, at a time when copyright subsists in a work, he does any of the following things in Zimbabwe without the authority of the owner of the copyright in the work⎯ (a) in relation to an article which is an infringing copy and which the person knows or has reason to believe is an infringing copy— (i) he makes it; or (ii) otherwise than for his personal and private use, he imports it into Zimbabwe or exports it from Zimbabwe; or (iii) in the course of business, he possesses it or exhibits it in public or distributes it; or (iv) he sells it or lets it for hire or offers or exposes it for sale or hire; or (v) otherwise than in the course of business, he distributes it to such an extent that the owner of the copyright is prejudicially affected; (b) in relation to an article which is specifically designed or adapted for making copies of the work and which the person knows or has reason to believe is to be used for that purpose— (i) he makes it; or (ii) he imports it into Zimbabwe or exports it from Zimbabwe; or (iii) he possesses it in the course of business; or (iv) he sells it or lets it for hire or offers or exposes it for sale or hire. (2) Any person who causes a literary or musical work to be performed in public knowing that copyright subsists in the work and that the performance constitutes an infringement of the copyright, shall be guilty of an offence. Act 11/2001 - 34 Chapter 26:01