211.—Where in any proceedings for infringement of any right conferred by Part III or IV the question arises as to whether a recording is an illicit recording and it is shown that—

(a) the recording is a recording of the performance concerned, and

(b) rights conferred by Parts III and IV subsist or have subsisted at any time in the recording,

it shall be presumed until the contrary is proved that the recording was made at a time when such rights subsisted.