Presumptions relating to ownership of copyright
126B Presumptions relating to ownership of copyright
This section applies to an action under this Part in which the defendant puts in issue the question of the plaintiff’s ownership of copyright in the work or other subject matter to which the action relates.
Labels or marks
If a copy of the work or other subject matter, or the packaging or container in which the copy is packaged or contained, bears a label or mark stating that a person was the owner of copyright in the work or other subject matter at a particular time, then the person is presumed to have been the owner of the copyright at the time, unless the contrary is established.
Foreign certificates
If a certificate or other document issued in a qualifying country in accordance with a law of that country states that a person was the owner of copyright in the work or other subject matter at a particular time, then the person is presumed to have been the owner of the copyright at the time, unless the contrary is established.
For the purposes of this section, a document purporting to be a certificate or document referred to in subsection (3) is, unless the contrary intention is established, taken to be such a certificate or document.
Chains of ownership
If:
subsection (2) or (3) applies; and
the plaintiff produces a document stating the following:
each subsequent owner of the copyright the subject of the action (including the plaintiff’s ownership);
the date each subsequent owner became the owner of that copyright;
a description of the transaction resulting in each subsequent owner becoming the owner of that copyright;
then the matters described in subparagraphs (b)(i), (ii) and (iii) are presumed to be as stated in the document, unless the contrary is established.
If:
neither subsection (2) nor (3) applies; and
the plaintiff produces a document stating the following:
the original owner of the copyright the subject of the action;
each subsequent owner of that copyright (including the plaintiff’s ownership);
the date each owner became the owner of that copyright;
a description of the transaction resulting in each owner becoming the owner of that copyright;
then the matters described in subparagraphs (b)(i), (ii), (iii) and (iv) are presumed to be as stated in the document, unless the contrary is established.
Offence
A person commits an offence if:
the person produces a document under subsection (5) or (6); and
the person is reckless as to whether the document is false or misleading.
Penalty: 30 penalty units.
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