Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 129A

Presumptions relating to computer programs

  (1)   This section applies to an action under this Part relating to copyright in a literary work that is a computer program if:

  (a)   articles or things embodying all or part of the program have been supplied (by sale or otherwise) to the public; and

  (b)   at the time of the supply, the articles or things, or their containers, bore a label or other mark consisting of the letter "C" in a circle accompanied by a specified year and the name of a person.

  (2)   It is presumed that:

  (a)   the computer program is an original literary work; and

  (b)   the computer program was first published in the year; and

  (c)   the person was the owner of copyright in the program when and where the articles, things or containers were labelled or marked;

unless the contrary is established.

  (3)   A presumption about a person under subsection   (2) does not imply that the person was the only owner of copyright in the program when and where the articles, things or containers were labelled or marked.


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