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The Intellectual Property (Enforcement, etc.) Regulations 2006
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- UK Statutory Instruments
- 2006 No. 1028
- SCHEDULE 2
- Paragraph 10
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Amendment of the Copyright, Designs and Patents Act 1988
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10. After section 197 there shall be inserted—
“Presumptions relevant to recordings of performances
197A—(1) In proceedings brought by virtue of this Part with respect to the rights in a performance, where copies of a recording of the performance as issued to the public bear a statement that a named person was the performer, the statement shall be admissible as evidence of the fact stated and shall be presumed to be correct until the contrary is proved.
(2) Subsection (1) does not apply to proceedings for an offence under section 198 (criminal liability for making etc. illicit recordings); but without prejudice to its application in proceedings for an order under section 199 (order for delivery up in criminal proceedings).”.
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