(9) Where in an action under this section, a name purporting to be the name of the author or
joint author appears on copies of a literary or musical work as published or an artistic work when it
was made, any person whose name so appears, if it is his true name, or the name by which he is
commonly known, shall be presumed, unless the contrary is proved, to be the author of the work.
(10) In the case of an anonymous or pseudonymous work, the publisher whose name appears
on the work shall, in the absence of any proof to the contrary, be presumed to represent the author
and, in this capacity, shall be entitled to exercise and enforce the moral and economic rights of the
author:
Provided that the presumption under this subsection shall cease to apply when the author
reveals his identity or where the pseudonym leaves no doubts as to the identity of the author.
(11) Where, in any action under this section, the author of the literary, musical or artistic
work to which the action relates is dead, it shall be presumed, unless the contrary is proved
(a) that the work is eligible for copyright; and
(b) that any allegation by the plaintiff that the work is a first publication and was published in a
specified country on a specified date, is true.
(12) Where, in an action under this section, the sound recording to which the action relates is
reproduced on a record bearing a label or other mark which has been issued to the public, any
statement on that label or mark to the effect that a person named thereon was the maker of the sound
recording or by whom the recording was first published in a specified year shall, unless the contrary
is proved, be presumed to be true.
(13) In this section
"record" means any disc, tape, perforated roll or other device in which sounds or the
representations of sounds are embodied which are capable of reproduction therefrom with or without
the aid of another instrument.
"action" includes a counterclaim and references to the plaintiff and to the defendant in an
action shall be construed accordingly;
"court" means jurisdiction;
a court of competent
"owner of the copyright" means the first owner, an assignee or an exclusive licensee, as the
case may be, of the relevant portion of the copyright.
36.(1) A manufacturer or producer of sound and audio-visual works or recordings shall apply
to the Board. for the authentication of copyright works.
(2) The Board shall authenticate copyright works according to all required documents
furnished to it by the applicant for that purpose and shall issue an approval certificate in the