Page:Copyright Act 1978 from Government Gazette.djvu/15

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

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

(a)

that the work 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 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 shown, 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: 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 brought by virtue of this Chapter with respect to a literary, musical or artistic work it is proved or admitted that the author of the work is dead, the work shall be presumed to be an original work unless the contrary is proved.

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

(a)

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

(b)

it is not shown 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 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 brought by virtue of this Chapter with respect to 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 brought by virtue of this Chapter with respect to 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, that is to say―

(a)

that a person named on the label or mark was the author of the sound 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 shall be sufficient evidence of the facts so stated except in so far as the contrary is proved.

Penalties and proceedings in respect of dealings which infringe copyright.

27. (1) Any person who at a time when copyright subsists in a work―

(a)

makes for sale or hire;

(b)

sells or lets for hire or by way of trade offers or exposes for sale or hire;

(c)

by way of trade exhibits in public;

(d)

imports into the Republic otherwise than for his private or domestic use;

(e)

distributes for purposes of trade; or

(f)

distributes for any other purposes to such an extent that the owner of the copyright is prejudicially affected,

articles which he knows to be infringing copies of the work, shall be guilty of an offence.

(2) Any person who at a time when copyright subsists in a work makes or has in his possession a plate knowing that it is to be used for making infringing copies of the work, shall be guilty of an offence.