Section 65B Copyright Act 1957 - Protection of Rights Management Information
Section 65B of the Copyright Act, 1957 protects Rights Management Information associated with copyrighted works and performances. It creates criminal liability where a person knowingly removes or alters such information without authority or knowingly deals with copies from which electronic Rights Management Information has been removed or altered without authority.
Section 65B at a Glance
- Law: Copyright Act, 1957.
- Provision: Section 65B.
- Subject: Protection of Rights Management Information.
- Required mental element: The prohibited act must be done knowingly.
- Maximum imprisonment: Up to two years.
- Fine: The offender is also liable to fine.
- Civil remedy: The copyright owner may also use the civil remedies available under Chapter XII where Rights Management Information has been tampered with.
What is Rights Management Information?
The expression "Rights Management Information" is defined in Section 2(xa) of the Copyright Act, 1957. The definition covers information connected with the identification and management of a copyrighted work, performance and the rights relating to it.
It includes:
- the title or other information identifying the work or performance;
- the name of the author or performer;
- the name and address of the owner of rights;
- terms and conditions relating to use of the rights; and
- any number or code representing such information.
The statutory definition excludes a device or procedure intended to identify the user.
Text and Effect of Section 65B
Section 65B - Protection of Rights Management Information
Any person who knowingly removes or alters Rights Management Information without authority is punishable under the provision.
The provision also applies where a person, without authority, distributes, imports for distribution, broadcasts or communicates to the public copies of a work or performance while knowing that electronic Rights Management Information has been removed or altered without authority.
The punishment may extend to imprisonment for two years and the person is also liable to fine.
Where Rights Management Information has been tampered with in a work, the copyright owner may additionally avail the civil remedies provided under Chapter XII of the Copyright Act against persons engaging in such acts.
Acts Covered by Section 65B
1. Unauthorized removal of Rights Management Information
Knowingly removing Rights Management Information without authority can attract Section 65B. The provision therefore protects information associated with the identification, ownership and authorized use of protected works and performances.
2. Unauthorized alteration of Rights Management Information
The section also applies to a person who knowingly alters Rights Management Information without authority. The statutory requirement of knowledge is important because Section 65B does not merely refer to an accidental or unknowing alteration.
3. Distribution of affected copies
Liability may also arise where a person distributes copies without authority while knowing that electronic Rights Management Information has been removed or altered without authority.
4. Import for distribution
The provision expressly includes unauthorized importation for distribution where the required knowledge concerning removal or alteration of electronic Rights Management Information exists.
5. Broadcasting or communication to the public
Broadcasting or communicating relevant copies to the public without authority may also fall within Section 65B when accompanied by the knowledge specified in the section.
Essential Elements of an Offence under Section 65B
| Element | Requirement |
|---|---|
| Knowledge | The conduct specified by Section 65B must satisfy the statutory knowledge requirement. |
| Lack of authority | The removal, alteration or relevant dealing with copies must be without authority as specified by the provision. |
| Rights Management Information | The information must fall within the statutory concept of Rights Management Information under Section 2(xa). |
| Specified conduct | The section covers removal or alteration and specified dealings including distribution, import for distribution, broadcasting and communication to the public. |
Punishment under Section 65B
A person who commits an offence falling within Section 65B is punishable with imprisonment which may extend to two years and is also liable to fine.
The provision does not itself specify a fixed amount or statutory maximum amount of fine.
Civil Remedies for Tampering with Rights Management Information
Section 65B expressly preserves an additional remedy for the copyright owner. Where Rights Management Information has been tampered with in a work, the owner of copyright may avail the civil remedies provided under Chapter XII of the Copyright Act, 1957 against persons indulging in such acts.
Accordingly, Section 65B is not confined to criminal consequences. Depending on the facts and the remedies otherwise available under the Act, tampering may also give rise to civil enforcement by the copyright owner.
Section 65A and Section 65B - Difference
| Section 65A | Section 65B |
|---|---|
| Protects effective technological measures applied to protect rights conferred by the Copyright Act. | Protects Rights Management Information connected with works, performances and rights. |
| Addresses circumvention of technological protection measures with the intention of infringing rights. | Addresses specified unauthorized removal or alteration of Rights Management Information and specified dealings with affected copies. |
| Contains specified exceptions to the prohibition. | Provides for criminal punishment and expressly preserves civil remedies where Rights Management Information has been tampered with. |
Read also: Section 65A - Protection of Technological Measures .
Why Section 65B Was Introduced
Section 65B formed part of the substantial amendments made to Indian copyright law in 2012. These amendments strengthened protection of copyright in the digital environment, including protection relating to technological measures and Rights Management Information.
Rights Management Information can play an important role in identifying a work or performance, its author or performer, the owner of rights and the terms governing use of those rights. Section 65B gives statutory protection against the forms of unauthorized interference specifically identified in the provision.
Official Copyright Resources
For the authoritative statutory text and current Copyright Office information, refer to the Government of India Copyright Office:
Official Copyright Act, 1957 - Government of India
Copyright Office, Government of India
Frequently Asked Questions
What does Section 65B of the Copyright Act deal with?
Section 65B protects Rights Management Information against the unauthorized acts specified in the provision, including knowing removal or alteration and certain dealings with copies where electronic Rights Management Information has been removed or altered without authority.
What is the punishment under Section 65B?
The punishment may extend to imprisonment for two years, and the offender is also liable to fine.
Does every alteration of Rights Management Information constitute an offence?
Section 65B expressly uses the requirements of knowledge and absence of authority. Whether the section applies in a particular case therefore depends on whether the statutory ingredients are established on the facts.
Can a copyright owner seek civil remedies?
Yes. The proviso to Section 65B states that where Rights Management Information has been tampered with in a work, the copyright owner may also avail the civil remedies provided under Chapter XII against persons indulging in such acts.
When was Section 65B introduced?
Section 65B was inserted by the Copyright (Amendment) Act, 2012 and came into force on 21 June 2012.
Legal information page on Section 65B of the Copyright Act, 1957. Readers should refer to the current official statutory text and applicable judicial decisions for specific legal matters.