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CS Professional · Intellectual Property Rights - Law and Practice · Business Concerns in Commercializing Intellectual Property Rights

Sunrise Publications of Pune sells e-books with embedded electronic rights management information (RMI) identifying the owner. Rakesh knowingly strips this RMI from several e-books without authority and uploads the copies for public download. Under the Copyright Act, 1957, what is the legal position?

Knowingly removing rights management information without authority is punishable with imprisonment up to two years and fine under Section 65B of the Copyright Act. The owner may additionally pursue civil remedies under Chapter XII where the information has been tampered with. Commercial sale is not required for liability.

  1. AHe is liable only to civil remedies, as removal of RMI carries no criminal consequence
  2. BHe is punishable with imprisonment up to two years and fine, and the owner may also use civil remediesCorrect
  3. CHe is punishable only if he sold the copies for money
  4. DHe is punishable with imprisonment up to seven years, with no civil remedy available

Explanation

Section 65B punishes a person who knowingly removes or alters RMI without authority, or distributes copies knowing the RMI was removed, with imprisonment up to two years and fine. The proviso lets the owner also avail of civil remedies under Chapter XII. Sale for money is not a condition, so the other options are wrong.

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