Page:Copyright Amendment Act 1992 from Government Gazette.djvu/13



as if references in that subsection to the author were references to one of the authors.

(3) Where in [an action] any proceedings brought by virtue of this Chapter with respect to a literary, musical or artistic work or a computer program which is anonymous or pseudonymous it is established―

that the work or program was first published in the Republic and was so published within the period of fifty years ending with the beginning of the calendar year in which the [action was] proceedings were brought; and

that a name purporting to be that of the publisher appeared on copies of the work or program as first published,

then, unless the contrary is shown, copyright shall be presumed to subsist in the work or program and the person whose name so appeared shall be presumed to have been the owner of that copyright at the time of the publication: Provided that this subsection shall not apply if the actual name of the author of a pseudonymous work is commonly known.

(4) Where in [an action] any proceedings brought by virtue of this Chapter with respect to a literary, musical or artistic work or a computer program it is proved or admitted that the author of the work or program is dead, the work or program shall be presumed to be an original work or program unless the contrary is proved.

(5) Subsection (4) shall also apply where a work or program has been published and―

the publication was anonymous or under a name alleged by the plaintiff or the State to [have been] be a a pseudonym; and

it is not shown that the work or program has ever been published under the true name of the author or under a name by which he was commonly known or that it is possible for a person without previous knowledge of the facts to ascertain the identity of the author by reasonable inquiry.

(6) Where in [an action] any proceedings brought by virtue of this Chapter with respect to the alleged infringement of copyright in a cinematograph film it is proved that the name purporting to be the name of the author of that film appears thereon in the prescribed manner, the person whose name so appears shall be presumed to be the author of that film, unless the contrary is proved.

(7) Where in [an action] any proceedings brought by virtue of this Chapter with respect to the alleged infringement of copyright in a sound recording it is proved that records embodying that recording or part thereof have been issued to the public and that at the time when those records were so issued [they bore a label or other mark comprising any one or more of the following statements] the following claims appeared on a label or any other printed matter affixed to such records or in or on anything in which they were contained, that is to say―

that a person named on the label or [mark] printed matter [was] is the author of the sound recording; or

that the recording was first published in a year and at a place specified on the label or [mark] printed matter, [or

that the recording was first published in a country specified on the label or mark]

that label or [mark] printed matter shall be sufficient evidence of the facts so stated except in so far as the contrary is proved.

(7A) A claim contemplated in paragraph (a) of subsection (7) may be made by means of the symbol ‘C’ in conjunction with the name of the person concerned, and a claim contemplated in paragraph (b) of that subsection may be made by means of the symbol ‘P’ in conjunction with the year and place in question.