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Copyright Act 1994

Remedies for infringement - Presumptions

128: Presumptions relevant to computer programs, sound recordings, and films

You could also call this:

"What is assumed to be true about computer programs, sound recordings, and films in court"

Illustration for Copyright Act 1994

When you are in court because of a computer program, sound recording, or film, some things are assumed to be true. If a computer program says a person owns the copyright, you can use that as evidence. You can also use the year it was first released or the country where it was first published as evidence. If a sound recording has a label with a person's name as the copyright owner, you can use that as evidence. The year or country of release can also be used as evidence. This is the same for films with statements about the author, director, or copyright owner. These assumptions apply whether the issue happened before or after the copies were released. If a film has a statement about the author or director when it is shown in public, you can use that as evidence. This also applies whether the issue happened before or after the film was shown in public.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346298.

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Part 6Remedies for infringement
Presumptions

128Presumptions relevant to computer programs, sound recordings, and films

  1. In proceedings brought under this Act with respect to a computer program, where copies of the program are issued to the public in electronic form bearing a statement—

  2. that a named person was the owner of copyright in the program at the date of the issue of the copies in electronic form; or
    1. that copies of the program were first issued to the public in electronic form in a specified year or that the program was first published in a specified country,—
        1. the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.

      1. In proceedings brought under this Act with respect to a sound recording, where copies of the recording as issued to the public bear a label or other mark stating—

      2. that a named person was the owner of copyright in the recording at the date of the issue of the copies; or
        1. that the recording was first published in a specified year or in a specified country,—
            1. 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.

          1. In proceedings brought under this Act with respect to a film, where copies of the film as issued to the public bear a statement—

          2. that a named person was the author or director of the film; or
            1. that a named person was the owner of copyright in the film at the date of the issue of the copies; or
              1. that the film was first published in a specified year or in a specified country,—
                  1. the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.

                1. The presumptions created in subsections (1) to (3) apply in proceedings relating to an infringement alleged to have occurred before the date on which the copies were issued to the public in the same manner as they apply in proceedings relating to an infringement alleged to have occurred after the date on which the copies were issued to the public.

                2. In proceedings brought under this Act with respect to a film, where the film as shown in public or communicated to the public bears a statement—

                3. that a named person was the author or director of the film; or
                  1. that a named person was the owner of copyright in the film immediately after it was made,—
                      1. the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.

                    1. The presumption created by subsection (5) applies in proceedings relating to an infringement alleged to have occurred before the date on which the film was shown in public or communicated to the public in the same manner as it applies in proceedings relating to an infringement alleged to have occurred after the date on which the film was shown in public or communicated to the public.

                    Compare
                    • 1962 No 33 s 27(7)
                    Notes
                    • Section 128(5): amended, on , by section 64(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
                    • Section 128(6): amended, on , by section 64(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).