Page:Copyright Act 2021.pdf/106

Rh :(b) the defendant puts that question in issue, but does not satisfy the Court that this is done in good faith; or
 * (c) the defendant puts that question in issue in good faith, but an affidavit is made—
 * (i) by or on behalf of the claimant; and
 * (ii) asserting facts relevant to showing that copyright subsists in the work.

(2) The affidavit mentioned in subsection (1)(c) is to be admitted in evidence and the facts mentioned in subsection (1)(c)(ii) are presumed to be true.

(3) Subsections (1)(c) and (2) do not apply if the Court directs that oral evidence be adduced to prove the matters stated in the affidavit.

(4) If the defendant—
 * (a) puts in issue the question whether copyright subsists in a work;
 * (b) causes, as a result, unnecessary costs or delay in the proceedings; and
 * (c) does not satisfy the Court that the question is put in issue in good faith,

the Court may order that—
 * (d) the defendant is not allowed any costs in the action; and
 * (e) the defendant is to pay to the other parties any costs that the defendant caused them to incur.

Presumption that claimant owns copyright if not disputed, etc.

165.—(1) This section applies if copyright is proved (or presumed by section 164) to subsist in a work.

(2) The claimant is presumed to own the copyright if—
 * (a) the defendant does not put in issue the question whether the claimant owns the copyright;
 * (b) the defendant puts that question in issue, but does not satisfy the Court that this is done in good faith; or