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Presumptions as to existence of copyright
30.—(1) This section shall apply in proceedings for an infringement of the copyright in
a work.
(2) Copyright shall be presumed to subsist in the work if the defendant does not put in
issue the question whether copyright subsists therein.
(3) Where the subsistence of the copyright is proved or admitted or is presumed in
accordance with subsection (2), the plaintiff shall be presumed to be the owner of the
copyright, if he claims to be the owner of the copyright and the defendant does not put in
issue the question of his ownership thereof.
(4) If the question arises whether an article is an infringing copy of a work and it is
shown—
(a) that the article is a copy of the work; and
(b) that copyright subsists in the work or has subsisted at any time;
it shall be presumed that the article was made at a time when copyright subsisted in the work.
Presumptions as to authorship and date of publication
31.—(1) This section shall apply in proceedings for an infringement of the copyright in
a work other than a broadcast or cable program.
(2) Where a published work, in its published form, states, or carries a label or other
mark that states—
(a) that a named person was the author or the work;
(b) in the case of an audiovisual work, that a named person was the director or producer
of the audiovisual work;
(c) that a named person was the owner of the copyright at a specified time, being a time
not later than the time of publication; or
(d) that the work was first published in a specified year or in specified country;
the statement shall be admissible as evidence of the fact stated and shall be presumed to be
correct.
(3) Where an audiovisual work, whether published or not, is shown in public, broadcast
or included in a cable program service and the work as so shown, broadcast or included in the
cable program service states—
(a) that a named person was the director or producer of the work;
(b) that a named person was the owner of the copyright at a specified time, being a time
not later than the time of showing, broadcast or inclusion in the program; or
(c) that the work was first published in a specified year or in a specified country;
the statement shall be admissible as evidence of the fact stated and shall be presumed to be
correct.
(4) Where an original artistic work carries a name purporting to be the name of the
author, that person shall be presumed to be the author of the work.