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.