Rule 80 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 80 is the only rule in Chapter XVII. It deals with a person who is permitted to circumvent a technological protection measure under section 65A(2)(a) of the Copyright Act, 1957 and who seeks help from someone else to do so. The helper must keep a record of the requester, including a written undertaking, keep it for at least three years, and disclose it only to a court or a police officer of a stated rank.
A person who may lawfully circumvent a technological protection measure under section 65A(2)(a) may approach someone who can assist. That assisting person must keep a record of the requester: identity and contact details with a photograph, professional details, reasons and purpose, and a written undertaking that the requester is entitled to circumvent and will be solely responsible for any infringement. The record is kept for a minimum of three years and disclosed only on a court order or to a police officer not below Sub-Inspector investigating a complaint under section 65A.
Which section the rule serves
Rule 80 implements section 65A of the Act (protection of technological measures), in particular clause (a) of sub-section (2). See our article on section 65A. The Act says when circumvention is permitted; this rule only deals with the record-keeping of someone who helps. If you run a service that helps users unlock protected content, a legal consultation can help check your records against the rule.
Rule 80(1): who may seek help
"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."
The rule does not widen the permission. It assumes the requester is already permitted under section 65A(2)(a) and allows him to get help from "any person" who can assist. The text does not list who those helpers may be, nor does it say what makes the permission valid.
Rule 80(2): the record
"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":
| Item | Detail |
|---|---|
| (a) | Name, complete postal address, photograph, e-mail address and telephone number or other contact details |
| (b) | Professional details, if any, including the address of the place where he is working at present |
| (c) | The reasons and purpose for circumvention |
| (d) | A written undertaking from the requester that he is entitled to circumvent and will be solely responsible for copyright infringement, if any, of the protected work |
Item (d) allocates risk: the requester's undertaking is that he is entitled and that he alone answers for any infringement. The text does not say that the undertaking relieves the helper of liability under the Act; it only requires the helper to hold it. The record's heading in the text is "Maintaining of records".
Rule 80(3): form and period
"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."
| Point | Rule |
|---|---|
| Format | On-line or any other format |
| Minimum period | Three years |
| Place | The place from where the helper is facilitating circumvention |
The three years run from a date the rule does not state; the safe reading is from the date of the request. "Minimum" means longer keeping is not barred.
Rule 80(4): who may see the record
"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."
| Recipient | Condition |
|---|---|
| A court | Upon an order of the court |
| A police officer not below the rank of Sub-Inspector | Investigating a complaint under section 65A |
| Anyone else | The details are not to be disclosed |
This matters because the record holds a photograph, an address and contact details. The rule restricts disclosure to those two channels, and the text gives no other exception, for example for the requester's own access.
A worked example
Rohit runs a small technical service. Dr Mehta, who says he is permitted under section 65A(2)(a) to circumvent a protection measure, asks Rohit to help. Rohit records Dr Mehta's name, address, photograph, e-mail and phone; his employer's address; the reasons and purpose for circumvention; and obtains his signed undertaking that he is entitled and will bear any infringement responsibility. Rohit keeps the file, in an electronic folder, for at least three years at his workshop. If a Sub-Inspector investigating a complaint under section 65A later asks for the record, Rohit may disclose it. If a neighbour asked to see it, Rohit would have no basis under rule 80(4) to disclose it.
What rule 80 does not say
- No form for the record or the undertaking.
- No test of whether the requester is actually permitted under section 65A(2)(a).
- No penalty in the rule for failing to keep the record; consequences come from the Act.
- No fee in the Second Schedule.
- No mention of the Board or the Registrar.
Need help with circumvention records?
If your business assists others in circumventing protection measures, the record, the undertaking and the disclosure limits are what you can be asked about. A legal consultation can help set up the record and check the undertaking wording.
Key takeaways
- Rule 80 applies to a person assisting someone who is permitted to circumvent under section 65A(2)(a).
- The assisting person keeps a record with identity, photograph, professional details, reasons and a written undertaking.
- The record is kept for a minimum of three years, online or in any other format, where the helper operates.
- Disclosure only on a court order or to a police officer not below Sub-Inspector investigating a section 65A complaint.
- The text is as notified in 2013 with the 2016 amendment; check later amendments.
Read next
- Rules 81–82: mode of making applications and communication
- Rule 79: importation of infringing copies, notice to Customs
- Section 65B: protection of rights management information
Disclaimer: Based on the Copyright Rules, 2013 as notified (with the 2016 amendment), read with the Tribunals Reforms Act, 2021, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.