Section 48 of Copyright Act, 1957 - Register of Copyrights as Prima Facie Evidence

Section 48 of the Copyright Act, 1957 deals with the evidentiary value of entries made in the Register of Copyrights. It also provides for admissibility in court of copies or extracts certified by the Registrar of Copyrights and sealed with the seal of the Copyright Office.

Text of Section 48 of the Copyright Act, 1957

Meaning and Scope of Section 48

Section 48 gives statutory evidentiary value to particulars recorded in the Register of Copyrights. The expression prima facie evidence generally means evidence that is sufficient to establish a fact at the initial stage unless it is rebutted or displaced by contrary evidence.

Accordingly, an entry in the Register of Copyrights can be relied upon as initial evidence of the particulars recorded in it. The provision does not state that an entry is conclusive evidence for every purpose. The evidentiary weight of an entry may therefore have to be considered along with the other material before the court in a particular case.

Certified Copies and Extracts Are Admissible in Court

Section 48 also simplifies proof of entries appearing in the Register. A document purporting to be a copy of an entry, or an extract from the Register, can be admitted in evidence without requiring production of the original Register when the statutory requirements are satisfied.

The provision requires the copy or extract to be:

• certified by the Registrar of Copyrights; and
• sealed with the seal of the Copyright Office.

When these requirements are fulfilled, Section 48 states that the document is admissible in all courts without further proof or production of the original.

What Is the Register of Copyrights?

The Register of Copyrights is the statutory register contemplated by Section 44 of the Copyright Act, 1957. Entries relating to registered works and the prescribed particulars are maintained through the Copyright Office.

The Register should be distinguished from the copyright itself. Copyright protection and the evidentiary consequences of registration involve related but distinct legal questions. Section 48 specifically addresses the evidentiary status of particulars entered in the Register and certified copies or extracts from it.

Practical Importance of Section 48

Section 48 is relevant when particulars recorded in the Register of Copyrights have to be proved before a court. Instead of requiring production of the original Register in every proceeding, the Act permits appropriately certified and sealed copies or extracts to be admitted in evidence.

The provision can therefore assist in establishing registered particulars while reducing the procedural burden associated with production and proof of the original official record.

Section 48 and Copyright Registration

The Copyright Office maintains facilities for copyright registration, application status and searching registered works. Persons dealing with a particular registration should verify the current entry and relevant official records rather than relying only on secondary descriptions of the registration.

Related Sections of the Copyright Act

Section 48 forms part of the statutory framework dealing with the Register of Copyrights. The immediately related provisions include:

• Section 44 - Register of Copyrights
• Section 45 - Entries in Register of Copyrights
• Section 46 - Indexes
• Section 47 - Form and Inspection of Register
• Section 49 - Correction of Entries in the Register
• Section 50 - Rectification of Register

Key Takeaway

Section 48 of the Copyright Act, 1957 gives the Register of Copyrights prima facie evidentiary value. It also permits copies of entries or extracts certified by the Registrar of Copyrights and sealed by the Copyright Office to be admitted in court without further proof or production of the original Register.

Last reviewed: September 2026. Readers should verify the current statutory text, rules, notifications and official records where a specific legal proceeding or copyright registration is involved.