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CS Professional · Intellectual Property Rights - Law and Practice · Copyrights

In a dispute, Kavita relies on a copy of an entry in the Register of Copyrights, certified by the Registrar and sealed with the seal of the Copyright Office, to show the particulars of her novel. The opponent says she must produce the original register. What is the legal position under the Copyright Act, 1957?

The certified sealed copy is admissible in all courts without further proof or production of the original, and the Register is prima facie evidence of the particulars entered. It is rebuttable evidence, not conclusive proof of ownership.

  1. AThe original register must always be produced before the court
  2. BThe certified sealed copy is admissible in evidence in all courts without further proof or production of the original, and the Register is prima facie evidence of the particulars enteredCorrect
  3. CThe entry is conclusive proof of ownership and cannot be challenged
  4. DCertified copies are admissible only in the Copyright Board

Explanation

Section 48 makes the Register prima facie evidence of the particulars entered and makes certified, sealed copies admissible in all courts without further proof or production of the original. Prima facie evidence is rebuttable, so option 3 is wrong.

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