Section 107
Section 107
(1)
In proceedings brought under this Chapter with respect to a sound recording, where copies of the recording as issued to the public bear a label or other mark stating –
(a)
that a named person was the owner of copyright in the recording at the date of issue of the copies; or
(b)
that the recording was first published in a certain year or in a named country, that label or other mark shall be admissible as evidence of those facts and shall be presumed to be correct until the contrary is proved.
(2)
In proceedings brought under this Chapter with respect to a film, where copies of the film as issued to the public bear a statement –
(a)
that a named person was the author or director of the film;
(b)
that a named person was the owner of copyright in the film at the date of issue of the copies; or
(c)
that the film was first published in a certain year or in a named country, that statement shall be admissible as evidence of those facts and shall be presumed to be correct until the contrary is proved.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
80
BLUV as at 24th December 2013
(3)
In proceedings brought under this Chapter with respect to a computer program, where copies of that program are issued to the public in electronic form bearing a statement –
(a)
that a named person was the owner of copyright in the program at the date of issue of the copies; or
(b)
that the program was first published in a named country or that copies of it were first issued to the public in electronic form in a certain year, that statement shall be admissible as evidence of those facts and shall be presumed to be correct until the contrary is proved.
(4)
Subsections (1), (2) and (3) apply, whether or not the infringement was alleged to have occurred before or after the date on which the copies were issued to the public.
(5)
In proceedings brought under this Chapter with respect to a film, where the film as shown in public, broadcast or included in a cable programme service bears a statement –
(a)
that a named person was the author or director of the film; or
(b)
that a named person was the owner of copyright in the film immediately after it was made, that statement shall be admissible as evidence of those facts and shall be presumed to be correct until the contrary is proved. This presumption applies equally in proceedings relating to an infringement alleged to have occurred before the date on which the film was shown in public, broadcast or included in the cable programme service.
Presumptions relevant to works subject to Government copyright.