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TECHNOLOGICAL PROTECTION MEASURES
RULE 80. MAINTAINING OF RECORDS

(1) Any person who is permitted to circumvent technological protection measures under clause (a) of sub-section (2) of section 65A of the Act may approach any person who can assist him in circumventing the technological protection measures.

(2) Any person facilitating the circumvention of technological protection measures for another person shall maintain a record containing details of the person requesting such assistance, including the following particulars, namely:

(a) the name, complete postal address, photograph, e-mail address, 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 presently working;

(c) the reasons and purpose for the circumvention of the technological protection measures; and

(d) an undertaking in writing from the person requesting assistance that he is entitled to circumvent the technological protection measures and shall be solely responsible for any copyright infringement of the protected work.

(3) The record may be maintained online or in any other format for a minimum period of three years at the place from where the person is facilitating the circumvention.

(4) Any person maintaining records under sub-rule (2) shall disclose the details contained in the records only pursuant to an order of a court or to a police officer not below the rank of a Sub-Inspector of Police investigating a complaint under section 65A.