Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to an action under this Part relating to copyright in a sound recording if:
(a) records embodying all or part of the recording have been supplied (by sale or otherwise) to the public; and
(b) at the time of the supply, the records or their containers bore a label or other mark.
(2) 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.
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Statements and matters presumed unless the contrary is established |
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Item |
Statement |
Matter presumed |
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1 |
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2 |
The recording was first published in a specified year |
The recording was first published in the year |
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3 |
The recording was first published in a specified country |
The recording was first published in the country |
(3) 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:
(a) the recording was first published in the year; and
(b) 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.
(4) A presumption about a person under this section does not imply that the person was:
(a) the only maker of the recording; or
(b) the only owner of copyright in the recording when and where the records or containers were labelled or marked.
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