Presumptions relating to sound recordings
130 Presumptions relating to sound recordings
This section applies to an action under this Part relating to copyright in a sound recording if:
records embodying all or part of the recording have been supplied (by sale or otherwise) to the public; and
at the time of the supply, the records or their containers bore a label or other mark.
If the label or mark contained a statement described in an item of the table, the matter described in the item is presumed, unless the contrary is established.
Statements and matters presumed unless the contrary is established | ||
|---|---|---|
Item | Statement | Matter presumed |
1 | A specified person was the maker of the recording | The person was the maker of the recording |
2 | The recording was first published in a specified year | The recording was first published in the year |
3 | The recording was first published in a specified country | The recording was first published in the country |
If the label or mark consisted of the letter “P” in a circle accompanied by a specified year and the name of a person, it is presumed that:
the recording was first published in the year; and
the person was the owner of copyright in the recording when and where the records or containers were labelled or marked;
unless the contrary is established.
A presumption about a person under this section does not imply that the person was:
the only maker of the recording; or
the only owner of copyright in the recording when and where the records or containers were labelled or marked.
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