Page:Australian Copyright Act 1968 (63 of 1968).pdf/53

 No. 63 : favour of the other party awarding damages or directing an account of profits under that section in respect of the same infringement.

125. Where, in an action to which section 120 of this Act applies, whether brought by the owner of the copyright or by the exclusive licensee, the other party is not joined as a plaintiff (either at the commencement of the action or at a later time), but is added as a defendant, the other party is not liable for any costs in the action unless he enters an appearance and takes part in the proceedings. Division 4.—Proof of Facts in Copyright Proceedings.

126. In an action brought by virtue of this Part—
 * (a) copyright shall be presumed to subsist in the work or other subject-matter to which the action relates if the defendant does not put in issue the question whether copyright subsists in the work or other subject-matter; and
 * (b) where the subsistence of the copyright is established—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.

127.—(1.) Where a name purporting to be that of the author of a literary, dramatic, musical or artistic work appeared on copies of the work as published or a name purporting to be that of the author of an artistic work appeared on the work when it was made, the person whose name so appeared, if it was his true name or a name by which he was commonly known, shall, in an action brought by virtue of this Part, be presumed, unless the contrary is established, to be the author of the work and to have made the work in circumstances to which sub-sections (4.), (5.) and (6.) of section 35 of this Act do not apply.

(2.) Where a work is alleged to be a work of joint authorship, the last preceding sub-section applies in relation to each person alleged to be one of the authors of the work as if references in that sub-section to the author were references to one of the authors.

(3.) Where, in an action brought by virtue of this Part in relation to a photograph—
 * (a) it is established that, at the time when the photograph was taken, a person was the owner of the material on which the photograph was taken or, if the ownership of that material as at that time is not established, that a person was the owner of the apparatus by which the photograph was taken; or
 * (b) neither the ownership as at the time when the photograph was taken of the material on which it was taken nor the ownership as at that time of the apparatus by which it was taken is established but it is established that, at the time of the death of a person, the