Page:Copyright Act 2021.pdf/107

108 :(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 the claimant owns the copyright.

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

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

(5) If the defendant—
 * (a) puts in issue the question whether the claimant owns the copyright 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 of authorship where name appears

166.—(1) This section applies if—
 * (a) either—
 * (i) a name purporting to be that of the author (or a joint author) of an authorial work appears on a published copy of the work; or
 * (ii) a name purporting to be that of the author (or a joint author) of the work appears on an artistic work when it is made; and