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.


Section 411. Registration as prerequisite to infringement suit.

(a) Subject to the provisions of subsection (b), no action for
infringement of the copyright in any 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. The
Register may, at his or her option, become a party to the action with
respect to the issue of registrability of the copyright claim by entering