- photograph was owned by the person or, if the ownership of the photograph as at that time is not established, was in the possession or custody of the person,
the person shall be presumed, unless the contrary is established, to have been the person who took the photograph.
Presumptions in relation to publisher of work. 128. Where, in an action brought by virtue of this Part in relation to a literary, dramatic, musical or artistic work, the last preceding section does not apply, but it is established―
- (a) that the work was first published in Australia and was so published during the period of fifty years that ended immediately before the commencement of the calendar year in which the action was brought; and
- (b) that a name purporting to be that of the publisher appeared on copies of the work as first published,
then, unless the contrary is established, copyright shall be presumed to subsist in the work and the person whose name so appeared shall be presumed to have been the owner of that copyright at the time of the publication.
Presumptions where author has died. 129.—(1.) Where, in an action brought by virtue of this Part in relation to a literary, dramatic, musical or artistic work, it is established that the author is dead—
- (a) the work shall be presumed to be an original work unless the contrary is established; and
- (b) if it is alleged by the plaintiff that a publication specified in the allegation was the first publication of the work, and that it took place in a country and on a date so specified—that publication shall be presumed, unless the contrary is established, to have been the first publication of the work, and to have taken place in that country and on that date.
(2.) Where—
- (a) a literary, dramatic, musical or artistic work has been published;
- (b) the publication was anonymous or is alleged by the plaintiff to have been pseudonymous; and
- (c) it is not established that the work has ever been published under the true name of the author, or under a name by which he was commonly known, or that the identity of the author is generally known or can be ascertained by reasonable inquiry,
paragraphs (a) and (b) of the last preceding sub-section apply, in an action brought by virtue of this Part in relation to the work, in like manner as those paragraphs apply where it is established that the author is dead.
Evidence in relation to recordings.
130. In an action brought by virtue of this Part in relation to copyright in a sound recording, if records embodying the recording or a part of the recording have been supplied (whether by sale or otherwise) to the public