14 Apr 1988
PHONOGRAPHIC PERFORMANCE (SOUTH EAST ASIA) LTD v. CALIFORNIA ENTERTAINMENTS LTD
- Citation
- PHONOGRAPHIC PERFORMANCE (SOUTH EAST ASIA) LTD v. CALIFORNIA ENTERTAINMENTS LTD
- Court
- Court of Appeal
- Case number
- CACV31/1988
Section 9 of the Copyright Ordinance applies to civil proceedings; a notarised affidavit complying with s9 raises a statutory rebuttable presumption of ownership of copyright which the defendant failed to rebut by evidence sufficient to show a triable issue. The judge below erred in treating the s9 affidavit as a mere bare statement and denying summary judgment; accordingly the appeal is allowed and the plaintiff entitled to judgment unless the parties agree otherwise on form of order.