Page:Copyright Act 2021.pdf/109

110 Presumptions where author is dead

168.—(1) This section applies if it is proved that the author of an authorial work is dead.

(2) The work is presumed to be original.

(3) If the claimant alleges that a specified publication is the first publication of the work and that the first publication took place in a specified country and on a specified date—
 * (a) the specified publication is presumed to be the first publication of the work; and
 * (b) the first publication of the work is presumed to have taken place in the specified country and on the specified date.

Presumptions as to anonymous or pseudonymous literary, dramatic, musical or artistic work

169.—(1) This section applies if—
 * (a) an authorial work is published;
 * (b) the publication is anonymous or is alleged by the claimant to be pseudonymous; and
 * (c) it is not proved that the work has an identified author.

(2) The work is presumed to be original.

(3) If the claimant alleges that a specified publication is the first publication of the work and that the first publication took place in a specified country and on a specified date—
 * (a) the specified publication is presumed to be the first publication of the work; and
 * (b) the first publication of the work is presumed to have taken place in the specified country and on the specified date.

Presumptions relating to label or mark on copy of sound recording

170.—(1) This section applies if—
 * (a) copies of a sound recording are supplied to the public; and