Order for disposal of infringing copy or illicit recording

(1) An application may be made to the Supreme Court for an order that, (a) an infringing copy or article delivered up in pursuance of an Order under section 37 or section 54 of this Act or seized and detained in pursuance of the right conferred by section 38 of the Act shall be, (i) forfeited to the copyright owner; or (ii) destroyed or otherwise dealt with as the Court may direct; 126 (b) an illicit recording of a performance delivered up in pursuance of an order under section 18 or section 121of this Act, or seized and detained in pursuance of the right conferred by section 120 of the Act shall be, (i) forfeited to such person having performer’s rights or recording rights in relation to the performance as the Court may direct; or (ii) destroyed or otherwise dealt with as the Court thinks fit, or for a decision that no such order should be made. (2) In considering what order (if any) should be made, the Court shall consider whether, (a) where the infringement relates to copyright in a work, whether other remedies available in an action for infringement of copyright would be adequate to compensate the copyright owner and to protect his interests; (b) where the infringement relates to rights conferred under Part VIII, whether other in an for infringement of those rights would be adequate to compensate the person or persons entitled to the rights and to protect their (3) Provision shall be made by rules of court as to the service of notice on persons having an interest in the copy or other articles or the recording, as the case may be, and any such person is entitled, 127 (a) to appear in proceedings for an order under this section; (b) to appeal against any order made, whether or not he appeared, and an order shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal. (4) Where there is more than one person interested in a copy or other article, or as the case may be, a recording, the Court shall make such order as it thinks just and may (in particular) direct that such copy, article or recording be sold, or otherwise dealt with, and the proceeds divided. (5) If the Court decides that no order should be made under this section, the person in whose possession, custody or control the copy or article or, as the case may be, the recording was before being delivered up or seized is entitled to its return. (6) References in this section to a person having an interest in a copy or other article or a recording include any person in whose favour an order could be made in respect of the copy, article or, as the case may be, recording under this section.