17 U.S.C. § 410 — Registration of claim and issuance of certificate

submitted 50 years ago by Pub. L. 94-553 to r/title-17-COPYRIGHTS · 247 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law tells the Register of Copyrights to register a copyright claim and issue a certificate when the work qualifies, or to refuse and explain why when it doesn't. Early certificates carry extra weight as evidence in court.

(a) After examining the application, if the Register of Copyrights decides the deposited material is copyrightable and meets this title's other legal and formal requirements, the Register registers the claim. The Register then issues the applicant a certificate of registration under the Copyright Office's seal. The certificate includes the application's information plus the registration's number and effective date. (b) If the Register instead decides the deposited material isn't copyrightable, or the claim is invalid for some other reason, the Register refuses to register it and tells the applicant in writing why. (c) In court, a certificate from a registration made before, or within five years after, the work was first published counts as strong initial proof ("prima facie evidence") that the copyright is valid and that the facts on the certificate are true. For a certificate from a later registration, the court decides on its own how much weight to give it. (d) A copyright registration's effective date is the day the Copyright Office has received all three required pieces — the application, the deposit copy, and the fee — that are later found acceptable for registration, whether that finding is made by the Register of Copyrights or by a court.

the actual law source: uscode.house.gov ↗public domain

(a)

When, after examination, the Register of Copyrights determines that, in accordance with the provisions of this title, the material deposited constitutes copyrightable subject matter and that the other legal and formal requirements of this title have been met, the Register shall register the claim and issue to the applicant a certificate of registration under the seal of the Copyright Office. The certificate shall contain the information given in the application, together with the number and effective date of the registration.

(b)

In any case in which the Register of Copyrights determines that, in accordance with the provisions of this title, the material deposited does not constitute copyrightable subject matter or that the claim is invalid for any other reason, the Register shall refuse registration and shall notify the applicant in writing of the reasons for such refusal.

(c)

In any judicial proceedings the certificate of a registration made before or within five years after first publication of the work shall constitute prima facie evidence of the validity of the copyright and of the facts stated in the certificate. The evidentiary weight to be accorded the certificate of a registration made thereafter shall be within the discretion of the court.

(d)

The effective date of a copyright registration is the day on which an application, deposit, and fee, which are later determined by the Register of Copyrights or by a court of competent jurisdiction to be acceptable for registration, have all been received in the Copyright Office.

Source credit: (Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2582.)

history & why it existsrecord from the source credit

1976Enacted · Pub. L. 94-553 · 90 Stat. 2582

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-553 on 1976-10-19.

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