Page:Copyright Act 2021.pdf/347

348 Photographs taken on or after 10 April 1987 and before appointed day—who is the author

536. For the purposes of this Act, the author of a photograph taken on or after 10 April 1987 but before the appointed day is the person who took the photograph.

Photographs taken on or after 10 April 1987 and before appointed day—presumptions relating to authorship

537.—(1) This section applies in—
 * (a) an action for copyright infringement in respect of a photograph taken on or after 10 April 1987 but before the appointed day; and
 * (b) an application for an access disabling order under section 325 in relation to that infringement.

(2) A person (X) is presumed to have taken the photograph if it is proved that, when the photograph was taken, X owned the material on which the photograph was taken.

(3) A person (Y) is presumed to have taken the photograph if—
 * (a) it is not proved who owned the material on which the photograph was taken when it was taken; and
 * (b) it is proved that, when the photograph was taken, Y owned the apparatus by which the photograph was taken.

(4) A person (Z) is presumed to have taken the photograph if—
 * (a) it is not proved—
 * (i) who owned the material on which the photograph was taken when it was taken; and
 * (ii) who owned the apparatus by which the photograph was taken when it was taken; and
 * (b) it is proved that—
 * (i) Z owned the photograph when Z died; or