Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In an action by a plaintiff for infringement of copyright described in section 37, 38, 102 or 103:
(a) relating to the plaintiff's copyright in a work, or in a published edition of a work, that is, or is part of, an electronic literary or music item; and
(b) involving an article that has embodied in it a copy of the electronic literary or music item;
it must be presumed, unless the defendant proves otherwise, that the copy is not a non - infringing copy so far as it relates to the plaintiff's copyright.
Note 1: Sections 37 and 38 deal with infringement of copyright in a work by commercial importation and dealings involving articles.
Note 2: Sections 102 and 103 deal with infringement of copyright in a published edition of a work (among other things) by commercial importation and dealings involving articles.
(2) The definition of article in sections 38 and 103 does
not affect this section.