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CHAPTER 14 – STORAGE OF TRANSIENT OR INCIDENTAL COPIES OF WORKS

BananaIP Counsels > THE COPYRIGHT RULES > CHAPTER 14 – STORAGE OF TRANSIENT OR INCIDENTAL COPIES OF WORKS

CHAPTER 14 – STORAGE OF TRANSIENT OR INCIDENTAL COPIES OF WORKS

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

(c)details establishing that the copy of the work which is the subject matter of transient or incidental storage is an infringing copy of the matter of 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 that is permitted by the Act;

(d)details of the location where 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)Undertaking that the complainant shall file an infringement suit in 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, if satisfied from the details provided in the complaint that the copy of the work is an infringed 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 till 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 for access to the alleged infringing copy.

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

(6)In case 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 on the same work in the same location.

 

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