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

In an infringement suit, Rohan Publishers produces a copy of an entry from the Register of Copyrights, certified by the Registrar and sealed with the seal of the Copyright Office. The defendant demands that the original register be produced and says the entry proves nothing. Which is correct?

The Register of Copyrights is only prima facie evidence of the particulars entered, so it can be rebutted. A copy certified by the Registrar and sealed with the Copyright Office seal is admissible in all courts without further proof or production of the original.

  1. AThe certified copy is admissible only if the original register is also produced in court
  2. BThe entry is conclusive evidence of ownership and cannot be challenged
  3. CThe certified copy is inadmissible unless the Registrar appears as a witness
  4. DThe Register is prima facie evidence of the particulars entered, and the certified, sealed copy is admissible in all courts without further proof or production of the originalCorrect

Explanation

Section 48 makes the Register prima facie evidence of the particulars entered, and certified, sealed copies are admissible in all courts without further proof or production of the original. Prima facie evidence is rebuttable, so the entry is not conclusive, which rules out option 2.

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