and, at the time when records embodying the recording or part of the recording were first so supplied, the records or their containers bore a label or other mark containing a statement—
- (a) that a person specified on the label or mark was the maker of the recording;
- (b) that the recording was first published in a year specified on the label or mark; or
- (c) that the recording was first published in a country specified on the label or mark,
that label or mark is sufficient evidence of the facts so stated except in so far as the contrary is established.
Presumption in relation to maker of film. 131. Where the name of a person appeared on copies of a cinematograph film as made available to the public in such a way as to imply that the person was the maker of the film and, in the case of a person other than a body corporate, that name was his true name or a name by which he was commonly known, that person shall, in an action brought by virtue of this Part, be presumed, unless the contrary is established, to be the maker of the film and to have made the film in circumstances to which sub-section (3.) of section 98 of this Act does not apply.
Division 5.—Offences and Summary Proceedings.
Offences. 132.—(1.) A person shall not, at a time when copyright subsists in a work—
- (a) make an article for sale or hire;
- (b) sell or let for hire, or by way of trade offer or expose for sale or hire, an article;
- (c) by way of trade exhibit an article in public; or
- (d) import an article into Australia for the purpose of—
- (i) selling, letting for hire, or by way of trade offering or exposing for sale or hire, the article;
- (ii) distributing the article for the purpose of trade, or for any other purpose to an extent that will affect prejudicially the owner of the copyright in the work; or
- (iii) by way of trade exhibiting the article in public, if he knows the article to be an infringing copy of the work.
(2.) A person shall not, at a time when copyright subsists in a work, distribute—
- (a) for the purpose of trade; or
- (b) for any other purpose to an extent that affects prejudicially the owner of the copyright,
an article that he knows to be an infringing copy of the work.
(3.) A person shall not, at a time when copyright subsists in a work, make or have in his possession a plate knowing that it is to be used for making infringing copies of the work.
