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47.   Presumption in relation to – authorship of protected works, ownership, originality and publication

Revised Laws of Saint Lucia (2021)

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47.   Presumption in relation to – authorship of protected works, ownership, originality and publication

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    (1)   Subject to section 46, where, in the case of a protected work, a name purporting to be that of the author appears on copies of the work as published or, in the case of an artistic work, appeared on the work when it was made the person whose name so appears (if it is his or her true name or a name by which he or she is commonly known) shall, in any action brought by virtue of this Part, be presumed, unless the contrary is proved, to be the author of the work.

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    (2)   In the case of a protected work alleged to be a work of joint authorship, subsection (1) shall apply in relation to each person alleged to be one of the authors of the work, as if references in that subsection to the author were references to one of the authors.

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    (3)   Where, in an action brought by virtue of this Part with respect to a protected work, subsection (1) does not apply, but it is established that—

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      (a)     under section 7(1)(b)(i), the work qualifies for copyright protection by virtue of the country of first publication; and

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      (b)     a name purporting to be that of the publisher appeared on copies of the work as first published,

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    then, unless the contrary is proved, copyright shall be presumed to subsist in the work and the person whose name so appeared shall be presumed to have been the owner of that copyright at the time of the publication.

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    (4)   Where in an action brought by virtue of this Part with respect to a protected work it is established that the author of the work is dead—

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      (a)     the work shall be presumed to be an original work unless the contrary is proved; and

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      (b)     if it is alleged by the plaintiff that a publication specified in the allegation was the first publication of the work and that it took place in a country and on a date so specified that publication shall be presumed, unless the contrary is proved, to have been the first publication of the work and to have taken place in that country and on that date.

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    (5)   For the purposes of this section, a fact shall be taken to be established if it is proved or admitted or if it is presumed under this section.

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