Celebrating 20 Years of IP Excellence

THE COPYRIGHT RULES, 2013

[As amended by the Copyright (Amendment) Rules, 2021]

80. Maintaining of records.-

(1) Any person who is permitted to circumvent technological protection measures under clause (a) of subsection (2) of section 65A of the Act may approach any person, who can assist him to circumvent the technological protection measures.
(2) Any such person facilitating circumvention of technological protection measures for another person shall maintain a record containing details of the person who requested for assistance, containing the following details, namely:-
(a) the name, complete postal address, photograph, e-mail address and telephone number or other contact details of the person;
(b) the professional details of the person, if any, including the address of the place where he is working at present;
(c) the reasons and purpose for circumvention of the technological protection measures; and
(d) an undertaking in writing from the person requesting assistance that he is entitled for circumvention of the technological protection measures and will be solely responsible for copyright infringement, if any, of the protected work.
(3) The record may be maintained on-line or in any other format for a minimum period of three years, in the place from where he is facilitating circumvention.
(4) Any such person maintaining records under sub-rule (2) shall disclose the details in the record only upon an Order of the court or to a police officer, not below the rank of a Sub-Inspector of Police, investigating a complaint under section 65A.