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CS Executive · Economic, Commercial and Intellectual Property Laws · Intellectual Property Rights

Vihaan removes the electronic rights management information from a licensed e-book without authority and uploads it online. Under section 65B of the Copyright Act, 1957, which statement is correct?

Vihaan is punishable with imprisonment which may extend to two years and also fine for knowingly removing rights management information without authority. In addition, the copyright owner may avail the civil remedies provided under Chapter XII against him, so both criminal and civil action are possible.

  1. AHe is punishable with imprisonment up to two years and fine, and the owner may also avail civil remedies under Chapter XIICorrect
  2. BHe faces only civil remedies, with no criminal liability
  3. CHe is punishable only if he sold copies for profit
  4. DHe faces a fine only, with no imprisonment, and no civil remedy

Explanation

Section 65B punishes whoever knowingly removes or alters rights management information without authority with imprisonment up to two years and fine. The proviso expressly lets the owner also avail civil remedies under Chapter XII where such information is tampered with. Hence the civil-only and fine-only options are wrong, and profit is not a condition.

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