Rights management information includes information identifying the author of a work, and the terms and conditions relating to its use. It is used by authors of digital works to identify their works or provide information about the copyright work.
An example of an RMI is a digital watermark that authenticates the source of a digital photograph.
Where RMI in electronic form
- is attached to or embodied in a copy of a work; or
- appears in the communication or making available to the public a copy of a work,
an action may be brought against a person if, without the consent of the owner or exclusive licensee of the copyright in the work, the person does any of the following acts:
- knowingly removes or alters the RMI;
- distributes or imports for distribution the RMI that has been altered; or
- distributes, imports for distribution, communicates or makes available to the public copies of a work in respect of which the RMI has been removed or altered.
The person performing any of the above acts must also know or ought reasonably to know that the act will induce, enable, facilitate or conceal an infringement of the copyright in the work.
|Criminal liability for wilful infringement
| Where a person…
… knowingly removes or alters the RMI
- A fine not exceeding $20,000;
… distributes or imports for distribution the RMI that has been altered
- A fine not exceeding $20,000; and/or
- imprisonment up to two years
… distributes, imports for distribution, communicates or makes available to the public copies of a work in respect of which the RMI has been removed or altered.
The owner of the copyright may take civil action against a person who does any of the acts described above.
Civil remedies available include:
- damages (including account of profits); or statutory damages in lieu of damages of not more than $20,000;
- order for delivery up of any articles used to carry out the prohibited act to the copyright owner or exclusive licensee; or order for destruction.