Presumptions where author has died
129 Presumptions where author has died
Where, in an action brought by virtue of this Part in relation to a literary, dramatic, musical or artistic work, it is established that the author is dead:
the work shall be presumed to be an original work unless the contrary is established; and
if it is alleged by the plaintiff that a publication specified in the allegation was the first publication of the work, and that it took place in a country and on a date so specified—that publication shall be presumed, unless the contrary is established, to have been the first publication of the work, and to have taken place in that country and on that date.
Where:
a literary, dramatic, musical or artistic work has been published; and
the publication was anonymous or is alleged by the plaintiff to have been pseudonymous; and
it is not established that the work has ever been published under the true name of the author, or under a name by which he or she was commonly known, or that the identity of the author is generally known;
paragraphs (1)(a) and (b) apply, in an action brought by virtue of this Part in relation to the work, in like manner as those paragraphs apply where it is established that the author is dead.
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