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

In an infringement suit, Kavita files a copy of an entry from the Register of Copyrights, certified by the Registrar and sealed with the seal of the Copyright Office. What is its evidentiary effect?

The certified, sealed copy is admissible in all courts without further proof or production of the original. The Register itself is only prima facie evidence of the particulars entered, so the other side can rebut it; it is not conclusive proof.

  1. AIt is inadmissible unless the original register is produced in court
  2. BIt is conclusive proof of the particulars entered and cannot be rebutted
  3. CIt is admissible only if the Registrar personally appears as a witness
  4. DIt is admissible in all courts without further proof or production of the original, and the Register is prima facie evidence of its particularsCorrect

Explanation

Section 48 makes the Register prima facie evidence of its particulars, and certified, sealed copies are admissible in all courts without further proof or production of the original. Prima facie evidence is rebuttable, so it is not conclusive.

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