Copyright Act 1994

126 Presumptions relevant to literary, dramatic, musical, or artistic works

• (1) The presumptions set out in subsections (2) to (5) apply in proceedings brought under this Act with respect to a literary, dramatic, musical, or artistic work.

  (2) Where a name purporting to be that of the author appeared on copies of a literary, dramatic, or musical work as published or on an artistic work when it was made, the person whose name appeared shall be presumed, until the contrary is proved,—

  • (a) to be the author of the work; and

  • (b) to have made the work in circumstances not falling within subsections (2) and (3) of section 21, or section 26, or section 28.

  (3) In the case of a work alleged to be a work of joint authorship, subsection (2) applies in relation to each person alleged to be one of the authors.

  (4) Where no name purporting to be that of the author appeared on copies of the work as published or on the work when it was made, but—

  • (a) the work qualifies for copyright under section 19; and

  • (b) a name purporting to be that of the publisher appeared on copies of the work as first published,—

  the person whose name appeared shall be presumed, until the contrary is proved, to represent the author and shall be entitled to protect and enforce the author's rights.

  (5) If the author of the work is dead or the identity of the author cannot be ascertained by reasonable inquiry, it shall be presumed, until the contrary is proved,—

  • (a) that the work is an original work; and

  • (b) that the plaintiff's allegations as to what was the first publication of the work and as to the country of first publication are correct.

  Compare: 1962 No 33 s 27(2)–(5); Copyright, Designs and Patents Act 1988 s 104 (UK)