COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) (b) the person who is alleged to have done an act which infringes the relevant copyright did the act without the required authority. 124 Evidence and presumptions in infringement proceedings: audio-visual works, sound recordings and computer programs (1) This section shall apply to both civil and criminal proceedings. (2) Where, in proceedings for infringement of copyright in an audio-visual work, a sound recording or a computer program, it is established that any person who in the course of business sold, let for hire or distributed copies of any such works, was found in possession of a copy of the audio-visual work, sound recording or computer program concerned, it shall be presumed, unless the contrary is proved, that by way of business he offered or exposed it for sale or hire. (3) Where, in proceedings for infringement of copyright in an audio-visual work, it is established that copies of the work as issued to the public bear a statement— (a) that a named person was the author or director of the work; or (b) that a named person was the owner of the copyright in the work when the copies were issued; or (c) 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. (4) Where, in proceedings for infringement of copyright in an audio-visual work or a sound recording, it is established that records issued to the public and embodying the work or recording or part of the work or recording bear a label or other mark stating— (a) that a named person is the director or author of the work or recording; or (b) that a named person was the owner of the copyright in the work or recording when the records were issued; or (c) that the work or recording was first published in a specified year and additionally, or alternatively, in a specified country; the label or mark 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 computer program, it is established that copies of the program as issued to the public bear a statement— (a) that a named person was the owner of the copyright in the program when the copies were issued; or (b) that the program 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. (6) A claim contemplated in⎯ (a) paragraph (b) of subsection (3) or (4) or paragraph (a) of subsection (5) may be made by means of the symbol “C” in conjunction with the name of the person concerned; Act 11/2001 - 66 Chapter 26:01