(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.
Section 411. Registration and infringement actions [10]
(a) Except for an action brought for a violation of the rights of the
author under section 106A(a), and subject to the provisions of
subsection (b), no action for infringement of the copyright in any
United States work shall be instituted until registration of the
copyright claim has been made in accordance with this title. In any
case, however, where the deposit, application, and fee required for
registration have been delivered to the Copyright Office in proper form
and registration has been refused, the applicant is entitled to
institute an action for infringement if notice thereof, with a copy of
the complaint, is served on the Register of Copyrights.
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