be concurrent with the rights and remedies of the owner of the copyright under which the
licence or sub-licence were granted.
(2) If an exclusive licensee or sub-licensee intends to exercise the option contemplated in
section 30 (2) he or she shall give notice in writing to the owner of the copyright concerned
of his or her intention.
32 Onus of proof
(1) Where in the case of a literary, musical or artistic work or a computer program a name
purporting to be that of the author appeared on copies of that work or program as published
or, in case of an artistic work, appeared on that work when it was made, the person whose
name so appeared, if it was his or her true name or a name by which he or she was commonly
known, shall, in any criminal or civil proceedings brought by virtue of this Chapter, be
presumed to be the author of the work or program unless the contrary is proved.
(2) In the case of a literary, musical or artistic work or a computer program alleged to be a
work or program of joint authorship, subsection (1) shall apply in relation to each person
alleged to be one of the authors of the work or program as if references in that subsection to
the author were references to one of the authors.
(3) Where in any criminal or civil proceedings brought by virtue of this Chapter with respect
to a literary, musical or artistic work or a computer program which is anonymous or
pseudonymous it is established(a) that such a work or program was first published in Namibia and was so published within
the period of 50 years ending with the beginning of the calendar year in which the
proceedings were brought; and
(b) that a name purporting to be that of the publisher appeared on copies of that work or
program as first published,
copyright shall be presumed to subsist in that work or program and the person whose name so
appeared shall be presumed to have been the owner of that copyright at the time of the
publication, unless the contrary is proved or the actual name of the author of a pseudonymous
work is commonly known.
(4) Where in any criminal or civil proceedings brought by virtue of this Chapter with respect
to a literary, musical or artistic work or a computer program it is proved or admitted that the
author of that work or program is dead, that work or program shall be presumed to be an
original work or program unless the contrary is proved.
(5) Subsection (4) shall also apply where a literary, musical or artistic work or a computer
program has been published and(a) the publication was anonymous or under a name alleged by the plaintiff or the State to be
a pseudonym; and
(b) it is not proved that the work or program has ever been published under the true name of
the author, or under a name by which he or she was commonly known or that it is possible for
a person without previous knowledge of the facts to ascertain the identity of the author by
reasonable inquiry.