Page:Copyright Act 2021.pdf/108

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
COPYRIGHT
109


(b) the name is—
(i) a person’s true name; or
(ii) a name by which a person is commonly known.

(2) The person is presumed—

(a) to be the author (or a joint author) of the authorial work; and
(b) to have made the work in circumstances to which sections 134 and 135 (works made in the course of employment or under commission) do not apply.

Presumptions where authorial work is first published in Singapore

167.—(1) This section applies if—

(a) an infringement action is brought in relation to an authorial work;
(b) the presumptions in section 166 are not applicable;
(c) it is proved that—
(i) the work is first published in Singapore;
(ii) the first publication took place within the 70 years immediately before 1 January of the year in which the action is brought; and
(iii) a name purporting to be that of the publisher appears on the first published copies of the work; and
(d) the name is—
(i) a person’s true name; or
(ii) a name by which a person is commonly known.

(2) Copyright is presumed to subsist in the work.

(3) The person is presumed to be the owner of the copyright in the work when the work is first published.