§ 454 — Proof of subsistence of copyright and protection of performance, etc., by affidavit

454.—(1) This section applies to proceedings for an offence under this Part.(2) An affidavit may be made stating that —(a)

at a specified time, copyright subsists in a work or a performance is a protected performance;

(b)

the deponent is the rights owner or is making the affidavit on behalf of the rights owner; and

(c)

a copy of the work or a recording of the performance annexed to the affidavit is a true copy or recording.

(3) Subject to subsections (4) and (5), the affidavit is admissible and is prima facie proof of the matters mentioned in subsection (2).

(4) Subsection (3) does not apply if it is proved that the deponent is neither the rights owner nor acting on behalf of the rights owner.

(5) If the accused person desires in good faith to cross‑examine the deponent on the matters in the affidavit, subsection (3) does not apply unless —(a)

the deponent appears as a witness for cross‑examination; or

(b)

the court allows the affidavit to be used without the deponent so appearing.

—(1) This section applies to proceedings for an offence under this Part.

(2) An affidavit may be made stating that —(a)

at a specified time, copyright subsists in a work or a performance is a protected performance;

(b)

the deponent is the rights owner or is making the affidavit on behalf of the rights owner; and

(c)

a copy of the work or a recording of the performance annexed to the affidavit is a true copy or recording.

(3) Subject to subsections (4) and (5), the affidavit is admissible and is prima facie proof of the matters mentioned in subsection (2).

(4) Subsection (3) does not apply if it is proved that the deponent is neither the rights owner nor acting on behalf of the rights owner.

(5) If the accused person desires in good faith to cross‑examine the deponent on the matters in the affidavit, subsection (3) does not apply unless —(a)

the deponent appears as a witness for cross‑examination; or

(b)

the court allows the affidavit to be used without the deponent so appearing.