Chapters & Sections

CHAPTER 1
Rule 1 Rule 2
CHAPTER 2
Rule 3
CHAPTER 3
Rule 4 Rule 5
CHAPTER 4
Rule 6 Rule 7 Rule 8 Rule 9 Rule 10
CHAPTER 5
Rule 11 Rule 12 Rule 13 Rule 14 Rule 15 Rule 16
CHAPTER 6
Rule 17 Rule 18 Rule 19 Rule 20 Rule 21 Rule 22
CHAPTER 7
Rule 23 Rule 24 Rule 25 Rule 26 Rule 27 Rule 28
CHAPTER 8
Rule 29 Rule 30 Rule 31
CHAPTER 9
Rule 32 Rule 33 Rule 34 Rule 35 Rule 36 Rule 37
CHAPTER 10
Rule 38 Rule 39 Rule 40 Rule 41 Rule 42 Rule 43
CHAPTER 11
Rule 44 Rule 45 Rule 46 Rule 47 Rule 48 Rule 49 Rule 50 Rule 51 Rule 52 Rule 53 Rule 54 Rule 55 Rule 56 Rule 57 Rule 58 Rule 59 Rule 60 Rule 61 Rule 62 Rule 63 Rule 64 Rule 65 Rule 65A Rule 66 Rule 67
CHAPTER 12
Rule 68
CHAPTER 13
Rule 69 Rule 70 Rule 71 Rule 72 Rule 73 Rule 74
CHAPTER 14
Rule 75
CHAPTER 15
Rule 76 Rule 77 Rule 78
CHAPTER 16
Rule 79 Rule 80
CHAPTER 17
Rule 81 Rule 82 Rule 83 Rule 84 Rule 85 Rule 86
THE FIRST SCHEDULE
Form-1 Form-2 Form-3 Form-4 Form-5 Form-6 Form-7 Form-8 Form-9 Form-10 Form-11 Form-12 Form-13 Form-14 Form-15 Form-16
THE SECOND SCHEDULE
The Second Schedule

CHAPTER 14 Home

STORAGE OF TRANSIENT OR INCIDENTAL COPIES OF WORKS
RULE 75. 75

(1) Any owner of copyright may give a complaint in writing under clause (c) of sub-section (1) of section 52 to a person who has facilitated transient or incidental storage of a work for providing electronic links, access, or integration, requiring such person to restrain from such storage of the work.

(2) The written complaint shall contain the following particulars, namely:

(a) the description of the work with adequate information to identify the work;

(b) details establishing that the complainant is the owner or exclusive licensee of the copyright in the work;

(c) details establishing that the copy of the work which is the subject matter of the transient or incidental storage is an infringing copy of the work owned by the complainant and that the allegedly infringing act is not covered under section 52 or any other act permitted by the Act;

(d) details of the location where the transient or incidental storage of the work is taking place;

(e) details of the person, if known, who is responsible for uploading the work infringing the copyright of the complainant; and

(f) an undertaking that the complainant shall file an infringement suit before the competent court against the person responsible for uploading the infringing copy and produce the orders of the competent court having jurisdiction within a period of twenty-one days from the receipt of the notice.

(3) On receipt of the written complaint, the person responsible for the storage of the copy shall, if satisfied from the details provided in the complaint that the copy of the work is an infringing copy, within thirty-six hours take measures to refrain from facilitating such access for a period of twenty-one days from the date of receipt of the complaint or until he receives an order from the competent court restraining him from facilitating access, whichever is earlier.

(4) The person responsible for storage shall display a notice giving reasons for restraining such access to persons requesting access to the alleged infringing copy.

(5) The person responsible for storage may restore access to the work if the complainant fails to produce the orders of the competent court having jurisdiction restraining him from facilitating access.

(6) If the complainant fails to produce the orders of the competent court having jurisdiction within the stipulated period, the person responsible for storage shall not be obliged to respond to any further notice sent by the same complainant in respect of the same work at the same location.

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