requires “infringing copies” to be taken into custody. The Copyright
Act recognizes the right of the copyright owner to claim damages and
rendition of accounts in respect of such infringement. Secondly,
whenever the data is sought for a legitimate purpose, and for curbing
the violation of law, including infringement of copyright, the same
would be in accordance with the legal position recognised in K.S.
Puttaswamy (supra).
(xii) Finally, a perusal of the provisions of Section 81 of the IT Act shows
that the provisions of the IT Act are supplemental to the provisions of
the Copyright Act. The said provision reads as under:
“81. Act to have overriding effect.–The provisions
of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any
other law for the time being in force.
Provided that nothing contained in this Act shall
restrict any person from exercising any right
conferred under the Copyright Act, 1957 (14 of
1957) or the Patents Act, 1970 (39 of 1970).”
The raison d’etre for the introduction of this proviso is in fact made
clear in the Lok Sabha Debates when the provision was introduced and
the Report of the Expert Committee pursuant to which the said provide
was introduced. The said material clearly indicates that the purpose of
the proviso to Section 81 was for the IT Act to be not in derogation of,
but supplementary to the provisions of the Copyright Act. The relevant
extract of the said debate is as under:7
“Clause 40.– This clause proposes to insert a
proviso to Section 81 so that the rights conferred
7
The Information Technology (Amendment) Bill, 2006, Bill No.96 of 2006, As introduced in the Lok
Sabha, Dec 15, 2006.
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 47 of 51
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