COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED)
(b) paragraph (c) of subsection (3) or (4) or paragraph (b) of subsection (5) may be made
by means of the symbol “P” in conjunction with the year and additionally, or
alternatively, the country in question.
125 Presumption regarding registered collecting society
In any civil or criminal proceedings relating to copyright in any work, an entry in the Register
showing that a collecting society is registered in terms of Part X in respect of the class of works
to which the work concerned belongs shall be prima facie proof that the society represents the
owner of the copyright in the work concerned.
126 Entries in Register to be prima facie proof of their contents
In any civil or criminal proceedings relating to copyright, including applications and appeals
under this Part, an entry in the Register showing that—
(a) a person is the owner of the copyright in a work; or
(b) the copyright in a work has been assigned to a person; or
(c) a person has been granted a licence in respect of a work; or
(d) a person has been granted a licence under section eighty-five in respect of a reserved
work of folklore;
shall be prima facie proof of that fact.
127 Proof of entries in Register and of things done by Registrar
(1) In any proceedings before the Tribunal or any court, a document purporting to be a
copy of an entry in the Register provided in terms of section one hundred and eight shall be
admissible on its production by any person as prima facie evidence of the entry having been made
and of its contents.
(2) In any proceedings before the Tribunal or any court, a document purporting to be a
statement by the Registrar, certified with the seal referred to in section ninety and giving
particulars of⎯
(a) any proceedings before him in terms of this Part; or
(b) the grounds for any decision or order given or made by him in terms of this Part; or
(c) the practice of his office; or
(d) any other matter which is within his knowledge as Registrar;
shall be admissible on its production by any person as prima facie evidence of the facts stated in
the document.
PART XV
GENERAL
128 No copyright under common law
Subject to this Act, no copyright or right in the nature of copyright shall subsist otherwise
than by virtue of this Act or any other enactment.
Act 11/2001
- 67
Chapter 26:01
Select target paragraph3
Add to table of contents