Document ID: chunk:federal_register_of_legislation:C2004A01110:clause:4_132b
Version: federal_register_of_legislation:C2004A01110
Segment Type: clause
Provision Reference: sch 4 cl 132B
Character Range: 23527–25110

132B  Evidence in relation to sound recordings

 (1) In a prosecution for an offence against section 132 in relation to a sound recording, if:
 (a) records embodying the recording or a part of the recording have been supplied (whether by sale or otherwise) to the public; and
 (b) at the time when records embodying the recording or part of the recording were supplied, the records or their containers bore a label or other mark containing a statement:
 (i) that a person specified on the label or mark was the maker of the recording; or
 (ii) that the recording was first published in a year specified on the label or mark; or
 (iii) that the recording was first published in a country specified on the label or mark;
then the label or mark is admissible as prima facie evidence of the facts so stated.

 (2) In a prosecution for an offence against section 132 in relation to a sound recording, if:
 (a) records embodying the recording or a part of the recording have been supplied (whether by sale or otherwise) to the public; and
 (b) at the time when records embodying the recording or part of the recording were supplied, the records or their containers bore a label or other mark consisting of the letter "P" in a circle accompanied by a specified year and the name of a person;
then the label or mark is admissible as prima facie evidence that the recording was first published in that specified year and that the named person was the owner of copyright in the recording in the place and at the time at which the label or mark was affixed to the records or their containers.