Document ID: chunk:federal_register_of_legislation:C2004A01110:clause:4_126b
Version: federal_register_of_legislation:C2004A01110
Segment Type: clause
Provision Reference: sch 4 cl 126B
Character Range: 16986–19639

126B  Evidence in relation to ownership of copyright

 (1) This section applies to an action under this Part in which the defendant puts in issue the question of the plaintiff's ownership of copyright in the work or other subject matter to which the action relates.

Labels or marks

 (2) If a copy of the work or other subject matter, or the packaging or container in which the copy is packaged or contained, bears a label or mark stating that a person was the owner of copyright in the work or other subject matter at a particular time, then the label or mark is admissible as prima facie evidence of the facts so stated.

Foreign certificates

 (3) If a certificate or other document issued in a qualifying country in accordance with a law of that country states that a person was the owner of copyright in the work or other subject matter at a particular time, then the certificate or other document is admissible as prima facie evidence of the facts so stated.

 (4) For the purposes of this section, a document purporting to be a certificate or document referred to in subsection (3) is, unless the contrary intention is established, taken to be such a certificate or document.

Chains of ownership

 (5) If:
 (a) subsection (2) or (3) applies; and
 (b) the plaintiff produces a document stating the following:
 (i) each subsequent owner of the copyright the subject of the action (including the plaintiff's ownership);
 (ii) the date each subsequent owner became the owner of that copyright;
 (iii) a description of the transaction resulting in each subsequent owner becoming the owner of that copyright;
then the document is admissible as prima facie evidence of the facts so stated.

 (6) If:
 (a) neither subsection (2) nor (3) applies; and
 (b) the plaintiff produces a document stating the following:
 (i) the original owner of the copyright the subject of the action;
 (ii) each subsequent owner of that copyright (including the plaintiff's ownership);
 (iii) the date each owner became the owner of that copyright;
 (iv) a description of the transaction resulting in each owner becoming the owner of that copyright;
then the document is admissible as prima facie evidence of the facts so stated.

Offence

 (7) A person is guilty of an offence if:
 (a) the person produces a document under subsection (5) or (6); and
 (b) the person is reckless as to whether the document is false or misleading.

Penalty: 30 penalty units.

 (8) Strict liability applies to the element of the offence against subsection (7) that the document is produced under subsection (5) or (6).

Note: For strict liability, see section 6.1 of the Criminal Code.