COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED)
(b) remit the matter to the Registrar with instructions for the taking of further evidence or
the setting out of further information;
(c) order the parties, or any of them, to produce such further evidence or information as the
Tribunal may specify;
(d) confirm, vary or set aside the decision appealed against or give such other decision as in
its opinion the Registrar ought to have given;
(e) make such order as to costs as it thinks fit.
PART XIV
EVIDENCE AND PRESUMPTIONS
120 Proof of certain facts by affidavit in infringement proceedings
In any civil or criminal proceedings for infringement of copyright in any work, evidence to
prove⎯
(a) the subsistence of the copyright in that work; or
(b) the title of any person in respect of the copyright, whether by way of ownership,
assignment or licence;
may be adduced by way of affidavit, and the production of such an affidavit by any person in
those proceedings shall be prima facie proof of the relevant facts:
Provided that the Tribunal or the court before which such an affidavit is produced may order
the person who made the affidavit to be subpoenaed to give oral evidence in the proceedings, or
may cause written interrogatories to be submitted to that person for reply, and any reply
purporting to be from that person shall likewise be admissible in evidence in the proceedings.
121 Presumptions in infringement proceedings: literary, musical and artistic
works
(1)
This section shall apply to both civil and criminal proceedings.
(2) Where a name purporting to be that of the author or owner of copyright appeared on
copies of a literary, musical or artistic work when it was published or on the work when it was
made, the person whose name so appeared shall, in any proceedings for infringement of copyright
in the work, be presumed to be the author of the work or the owner of copyright in the work, as
the case may be, unless the contrary is proved.
(3) Where a work is alleged to be a work of joint authorship, subsection (2) shall apply in
relation to each person alleged to be one of the authors of the work.
(4) Where it is established that copies of a literary work as issued to the public bear a
statement that the work was first published in a specified year and additionally, or alternatively,
in a specified country, the statement shall be admissible as evidence of the facts stated and shall
be presumed correct, unless the contrary is proved.
(5) Where, in proceedings for infringement of copyright in a literary, musical or artistic
work which is anonymous or pseudonymous, it is established that—
(a) the work was first published or made—
Act 11/2001
- 64
Chapter 26:01
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