Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
13
Amendment of section 55. 35. In section 55 of the principal Act, in sub-section (2), for the portion beginning with the words “a name purporting to be” and ending with the words “as the case may be, appears”, the following shall be substituted, namely:—
- “or, subject to the provisions of sub-section (3) of section 13, a cinematograph film or sound recording, a name purporting to be that of the author, or the publisher, as the case may be, of that work, appears”.
Amendment of section 57. 36. In section 57 of the principal Act,—
- (i) in sub-section (1), in clause (b), the words “which is done before the expiration of the term of copyright” shall be omitted;
- (ii) in sub-section (2), the words “other than the right to claim authorship of the work” shall be omitted.
Insertion of new sections 65A and 65B. 37. After section 65 of the principal Act, the following sections shall be inserted, namely:—
- “Protection of technological measures.65A. (1) Any person who circumvents an effective technological measure applied for the purpose of protecting any of the rights conferred by this Act, with the intention of infringing such rights, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine.
- (2) Nothing in sub-section (1) shall prevent any person from,—
- (a) doing anything referred to therein for a purpose not expressly prohibited by this Act:
- Provided that any person facilitating circumvention by another person of a technological measure for such a purpose shall maintain a complete record of such other person including his name, address and all relevant particulars necessary to identify him and the purpose for which he has been facilitated; or
- (b) doing anything necessary to conduct encryption research using a lawfully obtained encrypted copy; or
- (c) conducting any lawful investigation; or
- (d) doing anything necessary for the purpose of testing the security of a computer system or a computer network with the authorisation of its owner; or
- (e) operator; or
- (f) doing anything necessary to circumvent technological measures intended for identification or surveillance of a user; or
- (g) taking measures necessary in the interest of national security.
- Protection of Rights Management Information.65B. Any person, who knowingly,—
- (i) removes or alters any rights management information without authority, or
- (ii) distributes, imports for distribution, broadcasts or communicates to the public, without authority, copies of any work, or performance knowing that electronic rights management information has been removed or altered without authority,
- shall be punishable with imprisonment which may extend to two years and shall also be liable to fine:
Provided that if the rights management information has been tampered with in any work, the owner of copyright in such work may also avail of civil remedies provided under Chapter XII against the persons indulging in such acts.”.
