COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) (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) makes it; or (ii) otherwise than for his personal and private use, imports it into Zimbabwe or exports it from Zimbabwe; or (iii) in the course of business, possesses it or exhibits it in public or distributes it; or (iv) 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, 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 likely to be used for that purpose— (i) makes it; or (ii) imports it into Zimbabwe or exports it from Zimbabwe; or (iii) possesses it in the course of business; or (iv) sells it or lets it for hire or offers or exposes it for sale or hire. (3) Without derogation from subsection (1), the copyright in a work is infringed by a person who, without the authority of the owner of the copyright, transmits the work by means of a public computer network or telecommunication service, otherwise than by broadcasting or inclusion in a cable programme service, if the person knows or has reason to believe that infringing copies of the work are likely to be made by means of the reception of the transmission, whether in Zimbabwe or elsewhere. (4) The copyright in a literary or musical work is infringed by any person who permits a place of public entertainment to be used for a performance of the work in public, where the performance constitutes an infringement of the copyright in the work: Provided that this subsection shall not apply where that person was not aware and had no reasonable grounds for suspecting that the performance would be an infringement of the copyright. (5) Where the copyright in a work is infringed by a public performance of the work, or by the playing or showing of the work in public, through an apparatus for— (a) playing sound recordings; or (b) showing audio-visual works; or (c) receiving visual images or sounds or other information conveyed by electronic means; the following persons shall be liable for the infringement, in addition to the person directly responsible for controlling and using the apparatus— (i) a person who supplied the apparatus or any substantial part of it, if when he supplied it he knew or had reason to believe that the apparatus was likely to be used so as to infringe copyright; and Act 11/2001 - 31 Chapter 26:01