Under the Act, infringement of copyright may give rise to both criminal and civil liabilities. A person convicted of criminal infringement is liable to face imprisonment not exceeding five years or a fine to be determined by the judge, if convicted in the Supreme Court. If convicted in a Resident Magistrates Court, the person may face imprisonment not exceeding two years or a fine not exceeding one hundred thousand dollars ($100,000). A successful claimant in a civil claim is entitled to an award of damages, injunction, account for profits and all other awards as are available to claimants regarding infringement of other proprietary rights. The court may also award additional damages, such as exemplary or aggravated damages, based on circumstances such as the flagrancy of the infringement.
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