COPYRIGHT ACT 1968 - SECT 132C Presumptions relating to films

COPYRIGHT ACT 1968 - SECT 132C

Presumption about film maker

  (1)   Subsection   (2) applies to a prosecution for an offence against this Division, except section   132AM, relating to copyright in a cinematograph film if:

  (a)   copies of the film were made available to the public; and

  (b)   a person's name appeared on the copies in such a way as to imply that the person was the maker of the film; and

  (c)   if the person is not a body corporate--the name is his or her true name or a name by which he or she is commonly known.

  (2)   It is presumed that:

  (a)   the person is the maker of the film; and

  (b)   the person made the film in circumstances to which subsection   98(3) does not apply;

unless the contrary is established.

Presumption about time of making and owner of copyright

  (3)   Subsection   (4) applies to a prosecution for an offence against this Division, except section   132AM, relating to copyright in a cinematograph film, if:

  (a)   articles or things embodying the film have been supplied commercially; and

  (b)   at the time of the supply, the articles or things, or their containers, bore a label or other mark consisting of the letter "C" in a circle accompanied by a specified year and the name of a person.

  (4)   It is presumed that:

  (a)   the film was first made in the year; and

  (b)   the person was the owner of copyright in the film when and where the articles, things or containers were labelled or marked;

unless the contrary is established.

  (5)   A presumption about a person under subsection   (4) does not imply that the person was the only owner of copyright in the film when and where the articles, things or containers were labelled or marked.