Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Subsection 126A(2)
Omit "the label or mark is admissible as prima facie evidence of the facts so stated", substitute "that year and place are presumed to be as stated on the label or mark, unless the contrary is established".
Note: The heading to section 126A is altered by omitting " Evidence in relation " and substituting " Presumptions relating ".
2 Subsection 126A(3)
Omit "the certificate or other document is admissible as prima facie evidence of the facts so stated", substitute "that year and place are presumed to be as stated in the certificate or document, unless the contrary is established".
3 Subsection 126B(2)
Omit "the label or mark is admissible as prima facie evidence of the facts so stated", substitute "the person is presumed to have been the owner of the copyright at the time, unless the contrary is established".
Note: The heading to section 126B is altered by omitting " Evidence in relation " and substituting " Presumptions relating ".
4 Subsection 126B(3)
Omit "the certificate or other document is admissible as prima facie evidence of the facts so stated", substitute "the person is presumed to have been the owner of the copyright at the time, unless the contrary is established".
5 Subsection 126B(5)
Omit "the document is admissible as prima facie evidence of the facts so stated", substitute "the matters described in subparagraphs (b)(i), (ii) and (iii) are presumed to be as stated in the document, unless the contrary is established".
6 Subsection 126B(6)
Omit "the document is admissible as prima facie evidence of the facts so stated", substitute "the matters described in subparagraphs (b)(i), (ii), (iii) and (iv) are presumed to be as stated in the document, unless the contrary is established".
7 Section 130
Repeal the section, substitute:
129A Presumptions relating to computer programs
(1) This section applies to an action under this Part relating to copyright in a literary work that is a computer program if:
(a) articles or things embodying all or part of the program have been supplied (by sale or otherwise) to the public; 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.
(2) It is presumed that:
(a) the computer program is an original literary work; and
(b) the computer program was first published in the year; and
(c) the person was the owner of copyright in the program when and where the articles, things or containers were labelled or marked;
unless the contrary is established.
(3) A presumption about a person under subsection (2) does not imply that the person was the only owner of copyright in the program when and where the articles, things or containers were labelled or marked.
130 Presumptions relating to sound recordings
(1) This section applies to an action under this Part relating to copyright in a sound recording if:
(a) records embodying all or part of the recording have been supplied (by sale or otherwise) to the public; and
(b) at the time of the supply, the records or their containers bore a label or other mark.
(2) If the label or mark contained a statement described in an item of the table, the matter described in the item is presumed, unless the contrary is established.
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Statements and matters presumed unless the contrary is established |
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Item |
Statement |
Matter presumed |
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1 |
A specified person was the maker of the recording |
The person was the maker of the recording |
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2 |
The recording was first published in a specified year |
The recording was first published in the year |
|
3 |
The recording was first published in a specified country |
The recording was first published in the country |
(3) If the label or mark consisted of the letter "P" in a circle accompanied by a specified year and the name of a person, it is presumed that:
(a) the recording was first published in the year; and
(b) the person was the owner of copyright in the recording when and where the records or containers were labelled or marked;
unless the contrary is established.
(4) A presumption about a person under this section does not imply that the person was:
(a) the only maker of the recording; or
(b) the only owner of copyright in the recording when and where the records or containers were labelled or marked.
8 Section 131
Before "Where", insert "(1)".
Note: The heading to section 131 is replaced by the heading " Presumptions relating to films ".
9 At the end of section 131
Add:
(2) Subsection (3) applies to an action under this Part 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.
(3) 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.
(4) A presumption about a person under subsection (3) 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.
10 Subsection 132A(2)
Omit "the label or mark is admissible as prima facie evidence of the facts so stated", substitute "that year and place are presumed to be as stated on the label or mark, unless the contrary is established".
11 Subsection 132A(3)
Omit "the label or mark is admissible as prima facie evidence of the facts so stated", substitute "the person is presumed to have been the owner of the copyright at the time, unless the contrary is established".
12 Subsection 132A(4)
Omit "the certificate or other document is admissible as prima facie evidence of the facts so stated", substitute "that year and place are presumed to be as stated in the certificate or document, unless the contrary is established".
13 Subsections 132A(5)
Omit "the certificate or other document is admissible as prima facie evidence of the facts so stated", substitute "the person is presumed to have been the owner of the copyright at the time, unless the contrary is established".
14 Section 132B
Repeal the section, substitute:
132AAA Presumptions relating to computer programs
(1) This section applies to a prosecution for an offence against this Division, except section 132AM, relating to copyright in a literary work that is a computer program if:
(a) articles or things embodying all or part of the program have been supplied (by sale or otherwise) to the public; 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.
(2) It is presumed that:
(a) the computer program is an original literary work; and
(b) the computer program was first published in the year; and
(c) the person was the owner of copyright in the program when and where the articles, things or containers were labelled or marked;
unless the contrary is established.
(3) A presumption about a person under subsection (2) does not imply that the person was the only owner of copyright in the program when and where the articles, things or containers were labelled or marked.
132B Presumptions relating to sound recordings
(1) This section applies to a prosecution for an offence against this Division, except section 132AM, relating to copyright in a sound recording if:
(a) records embodying all or part of the recording have been supplied (by sale or otherwise) to the public; and
(b) at the time of the supply, the records or their containers bore a label or other mark.
(2) If the label or other mark contained a statement described in an item of the table, the matter described in the item is presumed, unless the contrary is established.
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Statements and matters to be presumed unless the contrary is established |
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Item |
Statement |
Matter presumed |
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1 |
A specified person was the maker of the recording |
The person was the maker of the recording |
|
2 |
The recording was first published in a specified year |
The recording was first published in the year |
|
3 |
The recording was first published in a specified country |
The recording was first published in the country |
(3) If the label or mark consisted of the letter "P" in a circle accompanied by a specified year and the name of a person, it is presumed that:
(a) the recording was first published in the year; and
(b) the person was the owner of copyright in the recording when and where the records or containers were labelled or marked;
unless the contrary is established.
(4) A presumption about a person under this section does not imply that the person was:
(a) the only maker of the recording; or
(b) the only owner of copyright in the recording when and where the records or containers were labelled or marked.
132C Presumptions relating to films
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.
15 Application
The amendments made by this Schedule apply in relation to legal proceedings (whether civil or criminal) started after the commencement of this Schedule.