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(5) In the case of a work alleged to be a work of joint authorship, subsections (1), (2)
and (3) shall apply in relation to each person alleged to be one of the authors of the work, as if
references in those subsections to the author were references to one of the authors.
(6) Where, in an action for infringement in respect of a literary, musical or artistic
work, a compilation or a computer program, subsection (1) does not apply, but—
(a) the work qualifies for copyright protection by virtue of the country of its first
publication; and
(b) a name purporting to be that of the publisher appeared on copies of the work as first
published;
then, subject to subsection (1), the person whose name so appeared on shall be presumed to
have been the owner of that copyright at the time of the publication.
(7) Where, in an action for infringement in respect of a literary musical or artistic work,
a compilation or a computer program, it is established that the author of the work is dead—
(a) the work shall be presumed to be an original work; and
(b) if it is alleged by the plaintiff that a publication on a specified date in a specified
country was the first publication of the work, that publication shall be presumed to have been
the first publication of the work and to have taken place in that country and on that date.
Affidavit admissible in evidence
32.—(1) Subject to this section, an affidavit or statutory declaration by any person
claiming to be the owner of the copyright in any work eligible for copyright under this Act or
by his agent, stating that—
(a) at a time specified therein copyright subsisted in the work;
(b) the person is the owner of the copyright; and
(c) a copy of the work annexed thereto is a true copy thereof;
shall be admissible in any proceedings under this Act as prima facie evidence of the facts
contained therein.
(2) Where the affidavit or declaration is made by an agent of the person claiming to be
the copyright owner, the document setting forth the agent’s authority to act in the matter shall
be annexed to the affidavit or declaration.
(3) If the ownership of the copyright is claimed by a body of persons (whether
corporate or unincorporated), the affidavit or declaration shall be made by a responsible
officer of the body.
(4) Where the affidavit or declaration is made outside Zambia, the signature of the
person before whom it is made shall be authenticated in accordance with the Authentication
of Documents Act.
Issue of warrants to enter, search and seize
33.—(1) Where information is given on oath to a Magistrate that there is reasonable
cause for suspecting that there is in any house or premises any infringing copy or any article
used or intended to be used for making infringing copies, or any other article, book or