Copyright and Trade Marks Bill [H.L.] - continued        House of Lords

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  PART VI
  MISCELLANEOUS AND SUPPLEMENTARY
Presumptions in case of certain offences.     9. - (1) In section 107 of the 1988 Act (criminal liability for making or dealing with infringing articles &c), after subsection (6) insert-
 
 
    "(7) For the purposes of this section, it shall be presumed (unless the contrary is proved) that copyright subsists in the work in question and that the relevant licence of the copyright owner has not been obtained.".
 
      (2) In section 198 of the 1988 Act (criminal liability for making, dealing with or using illicit recordings), after subsection (6) insert-
 
 
    "(7) For the purposes of this section, where it is proved that the whole or any substantial part of a relevant performance is subject to a recording contract, it shall be presumed (until the contrary is proved) that any relevant consent of the performer has not been obtained.
 
      (8) For the purposes of this section it shall be presumed (unless the contrary is proved) that the relevant consent of any performer has not been obtained.".
 
      (3) In section 104 of the 1988 Act (presumptions relevant to literary, dramatic, musical and artistic works), for subsection (2) substitute-
 
 
    "(2) Where a name purporting to be that of the author appeared on copies of the work as published or on the work when it was made, it shall be presumed, until the contrary is proved-
 
 
    (a) that the person whose name appeared is the author of the work;
 
    (b) that he made it in circumstances not falling within sections 11(2), 163, 165 or 168 (works produced in course of employment, Crown copyright, Parliamentary copyright or copyright of certain international organisations); and
 
    (c) that copyright subsists in that work.
      (2A) For the avoidance of doubt it is hereby declared that a denial or non-admission of copyright subsistence or ownership shall not rebut these presumptions nor put them in issue."
 
Exclusive licensees.     10. In section 107 of the 1988 Act (criminal liability for making or dealing with infringing articles, &c), in subsection (1), after "copyright owner" insert "or an exclusive licensee" and in paragraph (e) after "copyright" insert "or an exclusive licensee".
 
Offences by bodies corporate.     11. - (1) In section 110 of the 1988 Act (offence by body corporate: liability of officers), in subsection (1) after "connivance of" insert "or to be attributable to any neglect on the part of".
 
      (2) In section 202 of the 1988 Act (offence by body corporate: liability of officers), in subsection (1) after "connivance of" insert "or to be attributable to any neglect on the part of".
 
      (3) In section 101 of the 1994 Act (offences committed by partnerships and bodies corporate), in subsection (5) after "connivance of" insert "or to be attributable to any neglect on the part of".
 
Unauthorised use of trade mark etc.     12. In section 92 of the 1994 Act (unauthorised use of trade mark, &c. in relation to goods), in subsection (5) omit the words from "or" to "infringement" and substitute "would not constitute an unauthorised use".
 
 
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