Skip to content

CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Copyright

In an infringement suit over a published novel, the copies bear the name "Anita Rao" as author. The defendant disputes her authorship but leads no evidence. What does Section 55(2) provide?

Anita Rao is presumed to be the author. Section 55(2) provides that where a name purporting to be the author's appears on published copies of a literary work, that person is presumed to be the author unless the contrary is proved, and the defendant offered no contrary evidence.

  1. AAnita Rao is presumed to be the author unless the contrary is provedCorrect
  2. BAnita Rao must first prove authorship by registration certificate
  3. CThe court must presume the publisher is the owner of copyright
  4. DNo presumption arises for literary works

Explanation

Section 55(2) states that where a name purporting to be that of the author appears on copies of a literary work as published, the person named is presumed, unless the contrary is proved, to be the author. The defendant gave no contrary proof, so the presumption stands.

Did you get it right without looking?

One question tells you little. A timed set on Law relating to Copyright shows your real accuracy, how long you take and where you lose marks.

Practise Law relating to CopyrightFree diagnostic mock

More Law relating to Copyright questions