s 126
In forcePresumptions as to subsistence and ownership of copyright
Part VRemedies and offences
Division 4Proof of facts in civil actions
126 Presumptions as to subsistence and ownership of copyright
In an action brought by virtue of this Part:
(a)
copyright shall be presumed to subsist in the work or other subject‑matter to which the action relates if the defendant does not put in issue the question whether copyright subsists in the work or other subject‑matter; and
(b)
where the subsistence of the copyright is established—the plaintiff shall be presumed to be the owner of the copyright if he or she claims to be the owner of the copyright and the defendant does not put in issue the question of his or her ownership.
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