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106.
Presumptions
( 1)
This section applies in proceedings brought under this
Chapter with respect to a literary, dramatic, musical or artistic work.
(2)
Where a name purporting to be that of the author appears on copies of the work as published or on the work when it was made, the person whose name so appears shall be presumed, until the contrary is proved -
(a} to be the author of the work; and 316

-
-

(b] to have made it in circumstances not falling within subsection (2) of section 13, or sections 167, 169 or 172.
{3)
In the case of a work alleged to be a work of joint authorship, subsection (2) applies in relation to each person alleged to be one of the authors.
{4)
Where no name purporting to be that of the author appears as mentioned in subsection {2), but-
(a} the work qualified for copyright protection under section 164; and
(bJ a name purporting to be that of the publisher appears on copies of the work as first published, the person whose name so appears shall be presumed, until the contrary is proved, to have been the owner of the copyright at the time of publication.
{5) If the author of the work is dead or his identity cannot be ascertained by reasonable inquiry, it shall be presumed, until the contrary is proved -
(a) that the work is an original work; and
(b) that the plaintiff's allegations as to the first publication of the work and as to the country of first publication are correct.

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s 106Presumptions

( 1)

This section applies in proceedings brought under this

Chapter with respect to a literary, dramatic, musical or artistic work.

(2)

Where a name purporting to be that of the author appears on copies of the work as published or on the work when it was made, the person whose name so appears shall be presumed, until the contrary is proved -

(a} to be the author of the work; and 316

(b] to have made it in circumstances not falling within subsection (2) of section 13, or sections 167, 169 or 172.

{3)

In the case of a work alleged to be a work of joint authorship, subsection (2) applies in relation to each person alleged to be one of the authors.

{4)

Where no name purporting to be that of the author appears as mentioned in subsection {2), but-

(a} the work qualified for copyright protection under section 164; and

(bJ a name purporting to be that of the publisher appears on copies of the work as first published, the person whose name so appears shall be presumed, until the contrary is proved, to have been the owner of the copyright at the time of publication.

{5) If the author of the work is dead or his identity cannot be ascertained by reasonable inquiry, it shall be presumed, until the contrary is proved -

(a)

that the work is an original work; and

(b)

that the plaintiff's allegations as to the first publication of the work and as to the country of first publication are correct.