Page:Copyright Act 1987.pdf/107

Rh warrant may enter the house, premises, vessel or other place and search for and seize any such copy, plate or contrivance; and if a copy, plate or contrivance is seized under this subsection in connection with an offence and—
 * (a) in proceedings brought under this section in connection with the offence no order is made under subsection (8) as to the copy, plate or contrivance; or
 * (b) no such proceedings are instituted within 6 months of the seizure,

the copy, plate or contrivance shall be returned to the person in whose possession it was when it was seized or, if it is not reasonably practicable to return it to that person, shall be disposed of in accordance with the law regulating the disposal of lost or unclaimed property in the hands of police authorities.

Affidavit evidence

137.—(1) An affidavit made before a notary public by or on behalf of the owner of the copyright in any work or other subject-matter and stating—
 * (a) that at the time specified therein, copyright subsisted in the work or other subject-matter;
 * (b) that he or the person named therein is the owner of the copyright; and
 * (c) that the copy of the work or other subject-matter annexed thereto is a true copy thereof,

shall be admitted in evidence in any proceedings for an offence under this Part and shall be prima facie proof of the matters stated therein until the contrary is proved, and the court before which such affidavit is produced shall presume that the affidavit was made by or on behalf of the owner of the copyright.

(2) If an accused to any proceedings for an offence under this Part desires in good faith that the person who made an affidavit referred to in subsection (1) be cross-examined with respect to the matters in the affidavit, the affidavit may not be used in the proceedings unless the person appears as a witness for such cross-examination or the court