Copyright Order, 1999 · As enacted · Chapter VI · Remedies for Infringement
Section 107
Official textFrom Attorney General's Chambers, unchanged
In proceedings brought under this Chapter with respect to a sound recording, where copies of the recording as issued to the public bear a label or other mark stating-
sound recording
"sound recording" means - fa) a recording of sounds, from which the sounds may be reproduced; or {b) a recording of the whole or any part of a literary, dramatic or musical work, from which sounds reproducing the work or part may be produced, regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced.
that a named person was the owner of copyright in the recording at the date of issue of the copies; or
that the recording was first published in a certain year or in a named country, that label or other mark shall be admissible as evidence of those facts and shall be presumed to be correct until the contrary is proved.
{2!
In proceedings brought under this Chapter with respect to a film, where copies of the film as issued to the public bear a statement-
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Presumptions relevant to sound record·
ings, tilms and computer programs.
{a} that a named person was the author or director of the film;
(b} that a named person was the owner of copyright in the film at the date of issue of the copies; or
(c} that the film was first published in a certain year or in a named country, that statement shall be admissible as evidence of those facts and shall be presumed to be correct until the contrary is proved.
In proceedings brought under this Chapter with respect to a computer program, where copies of that program are issued to the public in electronic form bearing a statement -
{a} that a named person was the owner of copyright in the program at the date of issue of the copies; or
{bj that the program was first published in a named country or that copies of it were first issued to the public in electronic form in a certain year, that statement shall be admissible as evidence of those facts and shall be presumed to be correct until the contrary is proved.
Subsections (1), (2) and (3) apply, whether or not the infringement was alleged to have occurred before or after the date on which the copies were issued to the public.
In proceedings brought under this Chapter with respect to a film, where the film as shown in public, broadcast or included in a cable programme service bears a statement -
film
"film" means a recording on any medium from which a moving image may by any means be produced;
{a} that a named person was the author or director of the film; or
{bj that a named person was the owner of copyright in the film immediately after it was made, that statement shall be admissible as evidence of those facts and shall be presumed to be correct until the contrary is proved. This presumption applies equally in proceedings relating to an infringement alleged to have occurred before the date on which the frlm was shown in public, broadcast or included in the cable programme service.
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Terms defined in s 6
film
Defined · s 6"film" means a recording on any medium from which a moving image may by any means be produced;
sound recording
Defined · s 6"sound recording" means - fa) a recording of sounds, from which the sounds may be reproduced; or {b) a recording of the whole or any part of a literary, dramatic or musical work, from which sounds reproducing the work or part may be produced, regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced.
Chapter VII
Copyright Licensing
Chapter VIII
The Copyright Tribunal
Chapter IX
Qualification for and Extent of Copyright Protection
Chapter X