What legal presumption is created by copyright registration?
/// Filed in: Copyright Law
Copyright registration within five
years of first publication creates a legal presumption of ownership
and validity. While copyright registration does not prove ownership
of copyright, this legal presumption of ownership and validity
constitutes a prima facie proof (on first appearance).
Consequently, in cases of infringement the court will presume that
the ownership of the copyright and the registration is valid and
will shift the burden of proof to the defendant to disprove by
showing with sufficient evidence the falsity or invalidity of the
allegation.
References:
[1] Stim, R. "Intellectual Property. Patents, Trademarks, and Copyrights" West Legal Studies.
[2] Black's Law Dictionary 5th ed., (West Publishing, 1979).
References:
[1] Stim, R. "Intellectual Property. Patents, Trademarks, and Copyrights" West Legal Studies.
[2] Black's Law Dictionary 5th ed., (West Publishing, 1979).