COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) (i) in Zimbabwe or in a designated country referred to in section eleven; and (ii) not more than fifty years before the beginning of the calendar year in which the proceedings were brought; and (b) a name purporting to be that of the publisher appeared on copies of the work as first published; then, unless the contrary is proved, copyright shall be presumed to subsist in the work and the person whose name so appeared shall be presumed to have been the owner of that copyright when the work was first published or made, as the case may be. Provided that this subsection shall not apply in relation to a pseudonymous work if the actual name of the work’s author is commonly known. (6) Where, in proceedings for infringement of copyright in a literary, musical or artistic work, it is established that the author of the work is dead, the work shall be presumed to be an original work, unless the contrary is proved. (7) Subsection (6) shall also apply where a work has been published and⎯ (a) the publication was anonymous or under a name alleged to be a pseudonym by the plaintiff or applicant or, in criminal proceedings, by the State; and (b) it is not shown that the work has ever been published under the true name of the author or under a name by which he was commonly known or that it is possible for a person without previous knowledge of the facts to ascertain the identity of the author by reasonable inquiry. (8) A claim contemplated in— (a) subsection (2), that a person is the owner of copyright in a work, may be made by means of the symbol “C” in conjunction with the name of the person concerned; (b) subsection (4), that a work was published in a particular year or in a particular country, may be made by means of the symbol “P” in conjunction with the year and additionally, or alternatively, the country in question. 122 Presumption in infringement proceedings: works subject to exclusive licence Where, in civil or criminal proceedings for infringement of copyright in any work which is the subject of an exclusive licence, it is proved that the person alleged to have done an act which infringes the copyright did the act without the authority of the exclusive licensee, it shall be presumed, unless the contrary is proved, that he did the act also without the authority of the owner of the copyright. 123 Presumptions in infringement proceedings: registered works In any civil or criminal proceedings for infringement of any right that is registered in terms of Part XI, it shall be presumed, unless the contrary is proved, that— (a) every party to those proceedings had knowledge of the particulars recorded in the Register in regard to the right from the date on which the application to record those particulars was lodged; and Act 11/2001 - 65 Chapter 26:01