Copyright and Related Rights Act, 2000
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Chapter 5 Secondary Infringement of Copyright | ||
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Interpretation of infringing copy. |
44.—(1) In this Part “infringing copy”, in relation to a copyright work, shall be construed in accordance with this section. | |
(2) A copy shall be an infringing copy— | ||
(a) where the making of it constitutes an infringement of the copyright in the work concerned, or | ||
(b) where it has been or is to be imported into the State, and its making in the State would have constituted an infringement of the copyright in the work concerned, or a breach of an exclusive licence agreement relating to that work. | ||
(3) A copy of a work which has previously been issued to the public in accordance with section 41 in any Member State of the EEA by, or with the licence of, the copyright owner shall not be deemed to be an infringing copy for the purposes of subsection (2). | ||
(4) Where, in any proceedings for infringement of the copyright in a work, the issue arises whether a copy is an infringing copy and it is proved that— | ||
(a) the copy is a copy of the work concerned, and | ||
(b) copyright subsists in that work or has subsisted at any time in that work, | ||
it shall be presumed until the contrary is proved that the copy was made at a time when copyright subsisted in the work. |