Revised Laws of Saint Lucia (2021)

48.   Presumptions where action relates to sound recordings, films and computer programmes

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    (1)   In an action brought by virtue of this Part with respect to a sound recording, film or computer program, the presumptions specified in this section shall apply.

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    (2)   In an action with respect to a sound recording, where copies of the recording as issued to the public bear a label or other mark stating—

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      (a)     that a named person was the owner of copyright in the recording at the date of issue of the copies; or

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      (b)     that the recording was first published in a specified year in a specified country,

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    the label or mark shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.

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    (3)   In an action with respect to a film, where copies of the film as issued to the public bear a statement—

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      (a)     that a named person was the author or director of the film;

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      (b)     that a named person was the owner of copyright in the film at the date of issue of the copies; or

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      (c)     that the film was first published in a specified year or in a specified country,

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    the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.

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    (4)   In an action with respect to a computer programme, where copies of the programme are issued to the public in electronic form bearing a statement—

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      (a)     that a named person was the owner of copyright in the program at the date of issue of the copies; or

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      (b)     that the programme was first published in a specified country or that copies of it were first issued to the public in electronic form in a specified year,

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    the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.

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    (5)   The presumptions specified in subsections (2), (3) and (4) apply equally in an action relating to an infringement alleged to have occurred before the date on which the copies were issued to the public.

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    (6)   In an action with respect to a film, where the film as shown in public, broadcast or included in a cable programme service bears a statement—

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      (a)     that a named person was author or director of the film;

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      (b)     that a named person was the owner of copyright in the film immediately after it was made,

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    the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved; and the presumption applies equally in an action relating to an infringement alleged to have occurred before the date on which the film as shown in public, broadcast or included in a cable programme service.