By Isaac Salima:
Blantyre First Grade Magistrate George Chimombo yesterday fined Alwin Nyamasauka of Mwafika Investment K2 million for reproducing and distributing infringed copies without authorisation.
Nyamasauka, who was the first accused in the case and owns printing machines, was arrested in 2022 alongside his employee Michael Mwakasungula, who is the second accused, for reproducing infringed copies of English Grammar for Malawi Schools published by The Times Group’s Dzuka Publishing Company and charged him with four counts of possession of infringing copies of work contrary to the Copyright Act of 2016, reproduction of protected work without valid transfer of authorisation, distribution of infringing copies of work and possession of machinery with intention of using such device to produce infringing copies of work.
Making the ruling during a sitting at The Times Group offices in Blantyre, Chimombo discharged the second accused on grounds that he was an employee who was just taking instructions from his boss.
He then ordered him to pay K250, 000 each for the two counts and K750, 000 each for the other two counts.
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Chimombo said the convict should channel K1.5 million to the Copyright Society of Malawi (Cosoma) and K500, 000 to account number one.
The court also had to hear a plea from the convict on the forfeiture of his printing machines valued at K20 million.
Nyamasauka, 50—who comes from Chalonga Village, Traditional Authority Khongoni, in Lilongwe— asked for leniency, saying he was doing this out of ignorance and that he had learnt a lesson.
Chimombo then ruled in his favour.
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The convict was represented by Mwai Msungama while Hilary Chiromba was the State lawyer representing Cosoma.
Chiromba, while expressing satisfaction with the ruling, called for the review of punishment in such cases if the country is to deal with the problem of copyright infringements.
Meanwhile, Cosoma Regional Head (South) Tikhale Chikanda has welcomed the ruling, saying this will act as a warning to those who indulge in copyright infringement.
“It is high time we, as a country, started respecting copyright laws. We, as Cosoma, are happy that offenders of copyright laws are being given punishment. We have been handling more cases, especially those involving music, and, now, this was to do with books. We will keep fighting,” Chikanda said.
