Page:Copyright Act 1987.pdf/103

Rh Presumptions where author has died

133.—(1) Where, in an action brought by virtue of this Part in relation to a literary, dramatic, musical or artistic work, it is established that the author is dead—
 * (a) the work shall be presumed to be an original work unless the contrary is established; and
 * (b) if it is alleged by the plaintiff that a publication specified in the allegation was the first publication of the work, and that it took place in a country and on a date so specified, that publication shall be presumed, unless the contrary is established, to have been the first publication of the work, and to have taken place in that country and on that date.

(2) Where—
 * (a) a literary, dramatic, musical or artistic work has been published;
 * (b) the publication was anonymous or is alleged by the plaintiff to have been pseudonymous; and
 * (c) it is not established that the work has ever been published under the true name of the author, or under a name by which he was commonly known, or that the identity of the author is generally known or can be ascertained by reasonable inquiry,

paragraphs (a) and (b) of subsection (1) shall apply, in an action brought by virtue of this Part in relation to the work, in like manner as those paragraphs shall apply where it is established that the author is dead.

Evidence in relation to recordings

134. In an action brought by virtue of this Part in relation to copyright in a sound recording, if records embodying the recording or a part of the recording have been supplied (whether by sale or otherwise) to the public and, at the time when records embodying the recording or part of the recording were first so supplied, the records or their containers bore a label or other mark containing a statement—