§ 537 — Photographs taken on or after 10 April 1987 and before 21 November 2021 — presumptions relating to authorship

537.—(1) This section applies in —(a)

an action for copyright infringement in respect of a photograph taken on or after 10 April 1987 but before 21 November 2021; and

(b)

an application for an access disabling order under section 325 in relation to that infringement.

(2) A person (X) is presumed to have taken the photograph if it is proved that, when the photograph was taken, X owned the material on which the photograph was taken.

(3) A person (Y) is presumed to have taken the photograph if —(a)

it is not proved who owned the material on which the photograph was taken when it was taken; and

(b)

it is proved that, when the photograph was taken, Y owned the apparatus by which the photograph was taken.

(4) A person (Z) is presumed to have taken the photograph if —(a)

it is not proved —(i)

who owned the material on which the photograph was taken when it was taken; and

(ii)

who owned the apparatus by which the photograph was taken when it was taken; and

(b)

it is proved that —(i)

Z owned the photograph when Z died; or

(ii)

if it is not proved who owned the photograph when Z died — the photograph was in Z’s possession or custody when Z died.

(5) Subsections (2), (3) and (4) do not apply if the contrary is proved.

—(1) This section applies in —(a)

an action for copyright infringement in respect of a photograph taken on or after 10 April 1987 but before 21 November 2021; and

(b)

an application for an access disabling order under section 325 in relation to that infringement.

(2) A person (X) is presumed to have taken the photograph if it is proved that, when the photograph was taken, X owned the material on which the photograph was taken.

(3) A person (Y) is presumed to have taken the photograph if —(a)

it is not proved who owned the material on which the photograph was taken when it was taken; and

(b)

it is proved that, when the photograph was taken, Y owned the apparatus by which the photograph was taken.

(4) A person (Z) is presumed to have taken the photograph if —(a)

it is not proved —(i)

who owned the material on which the photograph was taken when it was taken; and

(ii)

who owned the apparatus by which the photograph was taken when it was taken; and

(b)

it is proved that —(i)

Z owned the photograph when Z died; or

(ii)

if it is not proved who owned the photograph when Z died — the photograph was in Z’s possession or custody when Z died.

(5) Subsections (2), (3) and (4) do not apply if the contrary is proved.