Presumptions relating to sound recordings
132B Presumptions relating to sound recordings
This section applies to a prosecution for an offence against this Division, except section 132AM, 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 other 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 to be 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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