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

Veda Publications Pvt Ltd, Pune, publishes e-books with embedded digital watermarks that identify the author and the licence terms. Rohit, a reseller, knowingly strips the electronic watermark from several e-books and sells copies online, knowing the information was removed without authority. Under the Copyright Act, 1957, what is the position?

Rohit is punishable with imprisonment which may extend to two years and also with fine, because he knowingly removed rights management information without authority and distributed the copies. The owner can additionally avail of civil remedies under Chapter XII of the Copyright Act, 1957.

  1. AHe is liable only to civil remedies, because removal of such information is never a criminal offence
  2. BHe is punishable with imprisonment up to two years and fine, and the owner may also claim civil remediesCorrect
  3. CHe is punishable only with fine, with no imprisonment, and civil remedies are barred
  4. DHe commits no offence because the e-books were bought lawfully by him

Explanation

Section 65B punishes a person who knowingly removes or alters rights management information without authority, or distributes copies knowing such information was removed. The punishment is imprisonment up to two years and fine. The proviso lets the owner also use the civil remedies of Chapter XII. The option allowing civil remedies only ignores the criminal liability.

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