s 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.