Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 131

Presumptions relating to films

  (1)   Where the name of a person appeared on copies of a cinematograph film as made available to the public in such a way as to imply that the person was the maker of the film and, in the case of a person other than a body corporate, that name was his or her true name or a name by which he or she was commonly known, that person shall, in an action brought by virtue of this Part, be presumed, unless the contrary is established, to be the maker of the film and to have made the film in circumstances to which subsection   98(3) does not apply.

  (2)   Subsection   (3) applies to an action under this Part relating to copyright in a cinematograph film, if:

  (a)   articles or things embodying the film have been supplied commercially; and

  (b)   at the time of the supply, the articles or things, or their containers, bore a label or other mark consisting of the letter "C" in a circle accompanied by a specified year and the name of a person.

  (3)   It is presumed that:

  (a)   the film was first made in the year; and

  (b)   the person was the owner of copyright in the film when and where the articles, things or containers were labelled or marked;

unless the contrary is established.

  (4)   A presumption about a person under subsection   (3) does not imply that the person was the only owner of copyright in the film when and where the articles, things or containers were labelled or marked.


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